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CITY COUNCIL
JULY 2, 2007
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on July 2, 2007, with Mayor Kristey Williams presiding. Council present were Holly Harper, Douglas Marr, Michael Huddleston, Michael Wallace, Tom Leffler, Mike Rawlings, Robert Griffith, and Roger Chrislip. Also present: Assistant to the City Manager JJ Allen, City Attorney David All, City Clerk Erica Jones and City Inspector Dan Allen. Visitors present were: Michael McDermott, Darcy Herold, Elaine Thomas, Julie Roller, Bill Morris, Connie Thurman, Bill Eberhardt, Martin Goedecke, and Dave Malone.
Prayer: Councilmember Marr gave the invocation.
Minutes Council: Minutes of the June 18, 2007 council meeting were reviewed. Marr stated that under the Informational Memorandum his last comment should read “…a water valve…” instead of “…a water meter…”. Huddleston made a motion to approve the minutes of the June 18, 2007 council meeting. Harper seconded the motion. Motion carried without opposition.
Appropriations:
June (6A): Council considered appropriations in the amount of $476,938.91. Huddleston stated that payments to MI-TE Electric and Two Guys and a Hammer list the purpose as structural improvements and asked what project those improvements were for. Allen stated that they were for improvements at the Airport, including electrical work and the painting of the terminal. Huddleston inquired about the payment to H & K Hauling in the amount of $745.98. Jones stated that it was for the Downtown waterline project. Harper inquired about the utility refund to Mark Conkling in the amount of $919.25 and asked if it is for a residential or commercial property. Jones stated that it was for a residential property and that he had prepaid his utility bill. Jones stated that he had requested for his service to be disconnected, therefore making it necessary to reimburse him for his overpayment. Griffith inquired about the payment to American Red Cross for lifeguard training and stated that he thought the lifeguards had to pay for this training. Jones stated that the lifeguards were required to pay the City for the training and materials in advance, but that if they complete the summer season in good standing they will be reimbursed for the cost of the training. Marr made a motion to approve Ordinance 6A in the amount of $476,938.91. Huddleston seconded the motion. Motion carried without opposition.
Visitors:
Downtown Augusta Inc.: Elaine Thomas was present to represent Downtown Augusta Inc. and formally request the City’s continued annual financial support in the amount of $10,000 for their 2008 operating budget. Thomas also stated that she would like to thank the City for its support including the labor assistance that has been given over the last year. Thomas stated that Downtown Augusta Inc. is very excited about the Streetscape project and is looking forward to working with the City. Thomas also wanted to state that this year’s Grasshopper festival was very successful. Marr asked how its success was measured. Thomas stated that it made money this year.
Old Business:
Downtown Waterline Project: Council considered approval of a bid from Alan’s Excavating for the installation of the 8” waterline in the downtown. Huddleston asked if the City will be doing the taps. Goedecke stated that the bids were taken two ways. One of the bids includes Alan’s Excavating tapping the main and bringing the line out five feet. The alternate bid does not include the installation of the service lines, only putting the main line in and pressure testing it. Goedecke stated that he is recommending the alternate bid. Huddleston asked which option will get the project done the quickest. Goedecke stated that the service lines will be exposed and that it will be extra work for the City to tear up the concrete which will remain torn up for a greater period of time. Goedecke stated that when the service lines are connected to the main, the concrete will have to be dug up again but will not be left open. Huddleston asked if that is what the cuts are there for now. Goedecke stated that is correct. Huddleston asked why the service lines will have to be connected in the front and exposed all the way to the building. Goedecke stated that the service lines are old lead lines and will all need to be replaced. Huddleston asked if Staff is sure that City personnel are capable of completing their portion of the project in a timely manner. Allen stated that Staff is in the process of recruiting a new Water/Wastewater Superintendent, but that there is manpower available to complete that portion of the project in a timely manner. Allen stated that it is much easier to tackle one service connection at a time and that it would not have too much of an effect if they are pulled off the project from time to time to handle emergencies. Huddleston asked if this project has to be completed before the Streetscape project begins. Goedecke stated that would be ideal, but not entirely necessary. Huddleston asked if it would be more costly to have the Streetscape contractor to put in the service lines. Goedecke stated that it would be. Rawlings inquired about the depth of the main. Goedecke stated that the main is between three and a half and four feet deep, except in the area in front of MI-TE Electric. Rawlings stated that the contractor is going to have to open up the street, so someone will have to put the bricks back in and then take the bricks back out to tap the service lines then replace the bricks again. Williams stated that the bricks will have to be pulled up again as part of the Streetscape project. Goedecke confirmed that the bricks will be removed again as part of the Streetscape project. Wallace asked where the estimate is for tapping the lines. Goedecke stated that it is not part of this bidding process, but that the cost was included in the budget for the entire waterline project. Wallace stated that he does not see the cost of the building materials. Goedecke stated that those costs were already approved as part of the budget of $225,000 or $250,000 for the project that included the cost of materials, but not the cost of labor. Goedecke stated that there is an advantage to not putting the line in now. Goedecke stated that there is still a question of how many meters will be put in and where they will be put in. Marr stated that Staff owes the Council a schedule of the work to be completed. Rawlings made a motion to approve the bid from Alan’s Excavating in the amount of $140,000 for the installation of the 8” downtown waterline. Harper seconded the motion. Motion carried without opposition.
New Business:
Temporary Note Refinancing: Council considered approval of the bid with the lowest net interest cost for the refinancing of the Temporary Notes for Internal Improvements in the Lakepoint 6th Addition. Dave Malone stated that there were five bids for the Temporary Note refinancing and that the low bid came from Commerce Bank with a rate of 3.91% and a net interest cost of $16,952.75. Malone stated that the notes come due on August 1st and that the refinancing is for $450,000 instead of the $580,000 that was originally issued for, because the actual cost of the project was lower than what was expected. Wallace stated that Intrust Bank’s interest rate is only 3.98% but the net interest cost is so much higher than the others. Jones stated that the original sale notice requested bid on $580,000 and that a second bid notice was sent out requesting bids on $450,000. Jones stated that Intrust’s bid was for the $580,000 amount. Wallace stated that their interest rate was still higher than the lowest bidder. Jones agreed. Wallace made a motion to approve the low bid from Commerce Bank at a rate of 3.919711% and a net interest cost of $16,952.75. Chrislip seconded the motion. Motion carried without opposition.
Council then considered approval of a Resolution authorizing the issuance of Temporary Notes refinancing for Internal improvements to Lakepoint 6th Addition and authorizing the Mayor to execute related documents. Chrislip made a motion to approve Resolution 2007-06 authorizing the issuance of Temporary Notes refinancing and authorizing the Mayor to execute the related documents. Wallace seconded the motion. Motion carried without opposition.
Master Drainage Plans: Council then considered approval of an ordinance amending Chapters 4 and 5 of the City’s Subdivision Regulations pertaining to Master Drainage Plans. Wallace stated that he understands the concept, but is curious if someone working on a lot comes up with a drainage plan how the City can enforce it. Allen stated that if it is an established lot the Master Drainage Plan would not apply. Allen explained that the Master Drainage Plan can only be controlled in new subdivisions as it is very difficult to enforce in established additions. Rawlings stated that there are other ordinances, such as the fence ordinance, that address some drainage issues in existing subdivisions. Marr stated that in section 502.19 there was some wording left out of the new ordinance. Marr stated that by leaving the wording out it does not bring consistency to the document. Wallace stated that the existing ordinance has the explicit verbiage from the old ordinance. Mr. All stated that the Planning Commission and the Council have final approval of the plat and that process will address those concerns. Wallace stated that he does not understand why they shouldn’t address the verbiage now, instead of later. Mr. All stated that there are good and bad reasons for having the exact verbiage. Marr asked if the wording in section 502.19 that reads “This certification is required only on plats within the City Limits” means that it only applies to property in the City limits. Goedecke stated it is required on sub-divisions within the City limits. Goedecke stated that only a preliminary drainage plan is required for sub-divisions outside the City limits. Goedecke stated that those properties are under the direction of the County and that the City cannot enforce the Master Drainage plan outside of the City limits. Marr stated that section 503.7 should say the actual sizes. Goedecke stated that both location and sizes are preliminary. Marr asked why there is a difference in the wording between 503.9 and 503A.7. Goedecke stated that both should say “Proposed location”. Marr stated that in 503A.8, “The following additional information may be required:” may not be the appropriate language. Goedecke stated that as the reviewer looks at this it gives them the right to request the information, but not all properties will have these. Goedecke further stated that most of the lots in outlying areas with a couple of acres do not have drainage issues. Marr asked if the new language in the ordinance eliminates reserves. Goedecke stated that he does not think so. Marr stated that 504.1 is different in the new ordinance. Goedecke stated that if there is a reserve, there may or may not be an easement, and that this was not an attempt to get rid of reserves. Marr asked for an example. Goedecke stated that there may be a landscaping reserve that is totally out of the drainage pattern. Huddleston asked if that would not have an effect on the drainage. Goedecke stated that it would still be a reserve, but not necessarily an easement. Marr inquired about cross-lot drainage. Goedecke stated that there are places where there is very insignificant cross-lot drainage, and that if it is only a very small area with no effect on drainage it would create an awful lot of unnecessary easements. Marr stated that he does not see the approval process in 504.5.2 and asked why the revised ordinance would not require approval. Marr also stated that it feels like 504.2 is bigger than lot drainage. Goedecke stated that he agrees that it could be the wrong word, as it is more encompassing than one lot. Marr made a motion to approve Ordinance 1943 amending Chapters 4 and 5 of the City’s Subdivision Regulations pertaining to Master Drainage Plans after adding the word “Proposed” to 503.A.7 and striking the word “lot” from 504.2.3. Wallace seconded the motion. Motion carried without opposition.
Commercial Zoning District: Council considered approval of an ordinance amending the City of Augusta’s Zoning Regulations for the Commercial Zoning District. Rawlings asked why Offices-Business/Professional was left out of 701A. Dan Allen stated that it was left out intentionally. Wallace asked where Industrial would fit in under this ordinance. Allen stated that it is separate zoning as it is not commercial property. Huddleston stated Industrial business is not being encouraged downtown. Dan Allen stated that they would have to apply for a conditional use permit. Huddleston stated that 702A.1 states that there is no permanent outdoor storage or display and asked if a small storage building would be allowed to store such things as shovels. Dan Allen stated that the ordinance is only referring to sidewalk storage or display. Allen stated that 702A.1 could be clarified. Williams stated that we do not want to limit the ordinance to the sidewalks. Dan Allen stated that it is not referring to storage buildings, only outdoor storage of material or merchandise. Marr stated that Augusta Saw & Mower is right across the street from the Depot, which is planned to be the center stage of the downtown area, and that they have a lot of outdoor storage of equipment. Marr stated that the backside of the 500 block is a major parking area. Dan Allen agreed. Marr stated that section 700 was confusing to him because the wording “…outside the 7th Avenue – Walnut Street and Downtown Corridor as described in Chapter 7A” should be omitted. Dan Allen disagreed. Marr stated that according to 700A, Bank of America, Subway and anything else on State Street, south of 7th Avenue but north of 6th Avenue is included. Marr stated that the downtown area has always been defined as south of the train tracks and if the section is not clarified it would lump those businesses in the Main Street zoning as opposed to Commercial. Allen stated that 700A could be revised to say ending at the tracks. Marr stated that 701.2.1 excludes vehicles and asked for the definition of the word vehicles. Mr. All stated that the Standard Traffic Ordinance defines all vehicles for the City. Marr stated that 702.1.1 should state “residential style and appearance” instead of “residential designed”. Marr stated that 703.1 does not require existing businesses to become code compliant and allows them to be grandfathered in. Rawlings stated that if the existing businesses were forced to become code compliant, the downtown area might become vacant. Marr stated that 701A is too restrictive and does not include vintage parts. Huddleston asked why automobiles and automobile parts are restricted to new in 701A and not under 701B. Dan Allen stated that it is to restrict the sale of used automobiles downtown. Huddleston asked why not eliminate all vehicle sales downtown. Dan Allen stated that the Committee reviewed what other towns were doing when making their decision. Marr asked if food service restaurants without alcohol would be required to obtain a conditional use permit. Dan Allen stated that they would. Marr stated that he is taking it on faith that 707A is the same as in Ordinance 1929 verbatim. Huddleston stated that he does not like getting things like this in the packet Friday night and not having enough time to review the information and ask questions prior to the council meeting. Rawlings stated that the governing body did not have to make a decision on the ordinance that night. Huddleston made a motion to table the discussion of the ordinance amending the City of Augusta’s Zoning Regulations for the Commercial Zoning District. Marr seconded the motion. Motion carried without opposition. Allen asked the Council to submit any questions to Staff so they could be addressed prior to further discussion. Connie Thurman from the DAI Economic Restructuring Committee asked the Council to consider inviting David Berndsen, Chair of the DAI Economic Restructuring Committee, to be present for further discussion of this issue.
Levee Project: Council considered approval of an agreement with FEMA for the Provisionally Accredited Levee Designation (PAL). Rawlings made a motion to approve the agreement with FEMA for the Provisionally Accredited Levee Designation. Huddleston seconded the motion. Motion carried without opposition.
Cereal Malt Beverage License: Council considered approval of a Cereal Malt Beverage License for 24K LLC DBA Jumpstart Augusta. Marr made a motion to approve a Cereal Malt Beverage License for 24K LLC DBA Jumpstart Augusta. Harper seconded the motion. Motion carried with Rawlings opposing.
Work Sessions: Council considered re-scheduling the budget work session scheduled for Monday, July 9th to Monday, July 16th at 4:00 p.m. Allen stated that because Keefer will not be able to prepare enough information for a beneficial conversation on July 9th, he has asked the Council to consider rescheduling the budget work session to July 16th at 4:00 p.m. Huddleston asked how rescheduling it for that time will affect the other council members. Harper stated that it would be very difficult for her. Wallace made a motion to reschedule the budget work session scheduled for July 9th to July 16th at 6:00 p.m. and to break for the Council meeting and reconvene after the regular meeting to complete the work session. Harper seconded the motion. Motion carried with Marr opposing.
Informational Memorandum & Questions:
Griffith – Griffith stated that he had been contacted by a citizen concerned about the compost site not being opened on Wednesday because of the holiday. Griffith stated that he understands the City does not want to have personnel working on a holiday, but wondered if anything could be done to make it more workable for the citizens. Griffith stated that it is inconvenient for citizens to only be able to dump grass clippings once this week due to the holiday. Allen stated that it is probably not too late to follow up with the supervisor about opening the compost on Thursday. Griffith stated either that or allow the citizens to schedule an appointment to drop the clippings off on Wednesday. Allen stated that he will check in to it and follow up with Griffith and the citizen as well as post any changes to the schedule on Channel 7.
Rawlings – Rawlings thanked the City employees for working so hard on Friday and Saturday around town putting up barricades and sand bagging. Rawlings also stated that he heard rumors that the dike had crested and the dam had crested and that he wanted to quash those rumors and clarify that it did not happen.
Williams – Williams joined Rawlings in thanking the City employees for their hard work, and stated that she was very grateful to Chief Brewer and Major Marbut and all of the Safety Department employees for their work over the weekend.
Huddleston – Huddleston stated that he is glad to see better arrangements for the swimming pool concessions.
Marr – Marr thanked Staff for the work schedule pertaining to the disassembly and reassembly of the building that has been purchased for Santa Fe Lake and stated that he didn’t see any provisions in the plan for power, water, or sewer. Rawlings stated that he understood that to be a future budgeted item. Griffith stated that the concrete floor was to be completed at a later date. Marr stated that he would like to see the information on the forthcoming applications for the Neighborhood Revitalization Program for 606 and 608 State once they are received. Marr asked if Staff knew what action was taken regarding the intersection of Dearborn and Summit. Jones stated that the City Inspector is aware of the situation and is addressing it, but that she had not heard any updates of the progress. Marr stated that there are concerns about increased problems at 242 Broadway with basements flooding because of the recent storms. Allen stated that the City Inspector and Environmental Inspector are aware of and addressing those concerns. Marr stated that the Council was very specific about requiring that Augusta Saw and Mower’s equipment be stored inside the fence. Marr stated that it is starting to creep out and he would like to see it addressed before it becomes a bigger issue. Marr asked if the Planning Commission publishes their agenda prior to their meeting and if so if the agenda could be included in the council packet. Allen said that the agendas are not published very far in advance, but that he would check into it to see what could be done.
Harper – Harper stated that there is a couple on the 300 block of Columbia that is concerned about street repair, specifically curbing. Harper asked if it is the property owner’s responsibility to maintain the curbs. Allen said it is the property owner’s responsibility to maintain the sidewalk adjacent to their property, but that he is not sure about the curbing.
Rawlings – Rawlings reminded the governing body that they are not to engage in any discussion at the Planning Commission meetings if they plan on attending or it could be a violation.
Adjourn: At 9:30 p.m. Harper made a motion to adjourn. Marr seconded the motion. Motion carried without opposition.
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