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CITY COUNCIL
AUGUST 20, 2007
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on August 20, 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: City Manager Bill Keefer, Assistant to the City Manager JJ Allen, City Attorney David All, Airport Manager Tim Reid, and City Clerk Erica Jones. Visitors present were: Michael McDermott, Martin Goedecke, Gary Rogers, Diane Wheatley, Myrna Rogers, Charley Havice, Chuck Korte, Charles Ilsly, Julie Roller, and Candace Kunkel.
Prayer: Reverend Curtis Cadenhead, First United Methodist Church, gave the invocation.
Minutes Council: Minutes of the August 6, 2007 council meeting were reviewed. Marr made a motion to approve the minutes of the August 6, 2007 council meeting. Harper seconded the motion. Motion carried without opposition.
Minutes of the August 13, 2007 special meeting were reviewed. Harper made a motion to approve the minutes of the August 13, 2007 special meeting. Marr seconded the motion. Motion carried without opposition.
Appropriations:
August (8): Council considered appropriations in the amount of $1,278,702.52. Griffith asked if the lease payment to the County for the Safety Department building is an annual lease payment. Keefer stated that it is. Griffith inquired about the utility payment reimbursement to Crescent Stores in the amount of $2,988.40. Keefer stated that the ownership of the store changed and that Crescent prepaid their final bill prior to the meters being read. Griffith inquired about the purchase of tires from Kansasland and asked why a local supplier was not used. Keefer stated that tires are purchased locally too, but that sometimes there are businesses in Wichita that are more competitively priced. Huddleston asked if there was a process for making these kinds of purchases. Keefer stated that managers are supposed to receive bid proposals and look locally to make purchases if cost effective. Wallace asked if managers get approval from Keefer prior to making those purchases. Keefer stated that he does not micromanage his management staff. Wallace stated that there should be a $250 cap and that all purchases in excess of that amount should be approved by Keefer. Rawlings stated that he would be opposed to that, as there are some purchases that have to be made in a timely manner and obtaining an approval for the purchase could slow down the work being done. Wallace stated that there needs to be an assurance that the managers have the paperwork showing they are getting the best price locally. Keefer stated that he reviews and scrutinizes the purchases and that if he were to ask Cecil about it he would be able to show that he received several bids. Griffith inquired about the payment to Stephen Vold in the amount of $699.16. Keefer stated that it was travel reimbursement for a candidate for the Water Superintendent position. Chrislip inquired about the payment to McPherson Concrete that was charged to Wastewater Collection. Keefer stated that it was for concrete risers to raise manhole covers. Griffith made a motion to approve Ordinance 8 in the amount of $1,278,702.52. Huddleston seconded the motion. Motion carried without opposition.
Visitors:
Heroes to Hometowns: Gary Rogers with the American Legion was present to discuss the “Heroes to Hometowns” Program. Rogers started by thanking the Council and City for their assistance with repairs at Shryock Park and the Safety Department for providing escorts for returning veterans. Rogers stated that the American Legion understands the meaning of the sacrifices the returning veterans have made, because they too have lived it. Rogers stated that the community must be ready to step up and show their gratitude to the returning veterans. Heroes to Hometowns was started by the Department of Defense and American Legion Headquarters. It is a program where local resources can be available to returning injured soldiers. The first step in the program is developing a Community Transition Team. Rogers stated that he will be contacting other organizations in the community to be involved as part of the Community Transition Team. Rogers stated that the team will be notified of a returning soldier and what his or her needs may be. Rogers stated that the purpose of the program is to provide the returning soldier with the highest level of functionality and quality of life. Griffith asked if the full scope of the program is yet known. Rogers stated that it is not, but that it could consist of installing handicapped ramps, modifying vehicles to accommodate limitations, landscaping, babysitting, etc. Rogers stated that the scope will not be known until the notification is received that an injured soldier will be returning to this community and what his or her needs are. Williams asked Rogers if he is looking for a member of the Council to serve on the Community Transition Team. Rogers stated that he is. Williams suggested Wallace. Wallace stated that he would serve on the team. Rogers stated that he looks forward to working with Wallace.
Old Business:
Driveway Curb Cut: Council considered a recommendation from Downtown Augusta, Inc. in regards to the removal of the driveway curb cut located at 422 State Street. Keefer reviewed the history of the empty lot and curb cut located at 422 State Street. Huddleston stated that the memo made reference to safety concerns as it pertains to ingress and egress. Keefer stated that there are concerns with sight issues involved with exiting the lot onto State Street. Keefer stated that the Design Committee had those concerns and passed them along at the Downtown Augusta, Inc. (DAI) board meeting on last Wednesday. Keefer stated that after much discussion the DAI Board recommended the entrance to the lot be on State Street and to exit using the alley. Rawlings asked who participated in DAI conversations. Julie Roller stated that the Design Committee and DAI Board of Directors participated in the meeting. Candace Kunkel stated that she is not 100% sure of her plans with the lot. She stated that she is no longer the owner of 410 State Street, but is still planning on moving her business to the property at 411 State Street. Kunkel stated that demolition will begin on that property on Thursday and that she would still like to use the empty lot as a parking lot. Kunkel asked if the Conditional Use permit were granted if it would be approved for the owner or for the property. Mr. All stated that the permit would be tied to the property. Kunkel asked if the permit would ever expire. Mr. All stated that it would not, unless action was taken to revoke it. Kunkel said that whether or not she purchases the property and makes it into a parking lot, it should be allowed to become a parking lot. Wallace asked Kunkel if she intends to pave and landscape the lot. Kunkel stated that she would be paving it, but not landscaping it. Kunkel stated that she intends to put up wrought iron fencing. Wallace asked how many parking spots would be lost by allowing the curb cut to remain. Keefer stated that Bill Morris has estimated that up to six parking spaces could be lost. Huddleston stated that the idea has been to develop the downtown and provide more parking, and if the owner of this lot does not provide public parking then that parking would just be lost. Mr. All stated that it all depends on the provisions and conditions the Planning Commission places on the Conditional Use permit. Kunkel stated that she will not be told what to do with her property and that if the Planning Commission puts restrictions on the permit she will not buy the property. Williams asked if Kunkel opts not to purchase the property, what would DAI recommend for the lot. Roller stated that right now DAI feels that a parking lot is the best option. Roller stated that she does not know what DAI would recommend as a use for the lot if Kunkel opts out of purchasing the property. Leffler asked if it is known how many parking spaces there would be and how many of those would be made available for public parking. Kunkel and Keefer stated that they did not know. Kunkel stated that there would be around fifteen spaces and that she would need seven of those. Wallace stated that he would like to see the City purchase the lot and use it as a park or parking lot. Williams asked Kunkel what an estimate of her total investment into the property would be. Kunkel stated that it would be around $32,000 and that the taxes are $2,500 per year. Huddleston asked if regardless of what the Council recommends tonight the Planning Commission could still issue the Conditional Use permit. Keefer stated yes. Marr asked Kunkel if she had seen the provisions recommended by DAI. Kunkel stated that she has glanced at them. Marr asked her if she would comply if the Conditional Use permit requires her to make five to eight spaces available for public parking. Kunkel said she could as long as she would have the seven spaces that she needs. Kunkel also stated that it may be difficult getting the moving vans out of the parking lot using the alley. Huddleston asked if the Safety Department will have jurisdiction over the lot. Mr. All stated that only if there is an agreement between the property owner and the Safety Department, otherwise, it is private property and there is no jurisdiction. Huddleston asked if there is an accident if the Safety Department can investigate. Mr. All stated that they cannot enforce City ordinances, but that they will investigate and provide an accident report. Wallace made a motion to table this issue until a site plan has been provided to the Council. Huddleston seconded the motion. The motion failed three to five with Harper, Marr, Leffler, Rawlings, and Chrislip opposing. Keefer stated that Allen would look for a copy of the site plan, but that he did not believe it shows the layout of the parking spaces.
Wallace stated that he is concerned that an agreement will be made now, but that the property owner will end up needing more space for the larger trucks. Rawlings asked how large the parking spaces will be. Goedecke stated that if laid out at a 90 degree angle, they are typically 24 feet long and 9 to 11 feet wide. Rawlings asked what space would be needed if they were angled. Goedecke stated that the width of the stall will not change but that the frontage will be much larger, 13 or 14 feet depending on the angle. Keefer asked if it would be feasible for 9-10 parking spaces on each side. Goedecke stated it would if they were at a 90 degree angle, but it would be less if the spaces were more angled. Marr stated that it is private property and that she can do what she wants to. Leffler agreed and stated that he doesn’t see how the Council can put stipulations on it. Marr made a motion to approve allowing the curb cut to remain with the provisions from Downtown Augusta, Inc., to be used as recommendations to the Planning Commission. Harper seconded the motion. Motion carried six to two with Huddleston and Wallace opposing.
Keefer stated that he wanted to clarify that if Kunkel does not purchase the property and use it as a parking lot that the curb cut will remain. Wallace stated that if Kunkel does not purchase the lot, the City should. Williams stated that DAI might have a use for the lot. Leffler asked if the Planning Commission could tie down that there has to be lots available for public use. Keefer stated that it could be tied to the recommendations by DAI that it has to be open to the public during certain hours. Leffler stated that he is concerned that in a year or two it may end up that there is only one space available for public parking and technically the owner would be honoring the conditions of the permit. Huddleston and Wallace stated that they believe it is a bad decision to move forward with this. Mr. All stated that the Planning Commission may have to be more detailed in the conditions and restrictions placed on the permit and may want to specify the number of spaces or percentage of spaces that must be available for public parking and put restrictions on the size of vehicles allowed in the lot. Huddleston asked how that could be enforced. Mr. All stated that it would be the same way any other zoning regulation is enforced and that there are a number of civil or criminal ways of enforcing the regulations. Allen stated that the Council could later vote to restore the curb if the conditions of the permit were not being met. Mr. All stated that if the lot is not used for this purpose the issue of the curb cut could always be revisited by the Council. Rawlings stated that he has had conversations with members of the Planning Commission and that they feel the Council has given them the job of making these decisions and now the Council is trying to take that authority away from them. Rawlings stated that the Council needs to be careful and trust the Planning Commission to make the right decision. Keefer stated that Staff will make contact with Kunkel and ask that she provide a schematic to the Planning Commission. Rawlings asked if the bump out for the fire hydrant can be incorporated into those lost parking spaces. Goedecke stated that there is a T in the valve where it is now and that all of the underground work is in place. Goedecke stated that it could be moved, but at this time that is where it is.
New Business:
Sale of Bus: Council considered a proposal from the Assembly of God Church to purchase the school bus that was used to transport inmates as part of the work release program. Huddleston stated that it seems when public property is sold it should be done by bid. Keefer stated that in his memo he listed that as an option. Keefer stated that usually when public property is sold it is taken to bid or auction or traded in as part of the purchase of new property. Keefer stated that it is the Council’s decision what to do with the property. Huddleston asked if there is an ordinance that addresses this issue. Keefer stated that there is not. Marr stated that he considers it Good Citizenship and that it will benefit the community. Huddleston asked what if there is another organization that is interested in the bus. Keefer stated that was why he listed the other options in the memo to Council, such as taking sealed bids. Rawlings made a motion to accept the proposal from the Assembly of God Church to purchase the school bus for $1,000. Leffler seconded the motion. Motion carried without opposition.
CTB Grant: Council considered approval of an application for a Convention and Tourism Grant for the Municipal Airport for their October 6 Fly-In. Harper asked Reid how he will be advertising the event. Reid stated that there is a flyer that he has mailed to local FBO Airports. Harper asked if there has been any interaction with the downtown merchants. Reid stated that he has not had the opportunity to discuss the event with them. Reid stated that he would like to have the merchants at the event, but that for the first Fly-In the goal is to let people know that the Airport exists, what it has to offer, and that it is under new management. Marr asked if there would be something to show the improvements that have been done and those to come. Reid stated that the lobby is undergoing remodeling and that there will be new carpeting and signage. Williams asked if there will be new paint in the lobby by the Fly-In. Reid stated that is the plan. Chrislip made a motion to approve the application for a Convention and Tourism Grant in the amount of $500 for the Municipal Airport for the October 6 Fly-In. Huddleston seconded the motion. Motion carried without opposition.
2007 Street Sales Tax Repair Project: Council considered bids for the 2007 Street Sales Tax Repair Projects. Huddleston asked if the projects that had already been approved but were delayed because of the gas company had increased in costs. Goedecke stated that it would be speculation on his part and that he didn’t know if there was an increase in cost due to that delay. Marr noted that the 12th Street and Dearborn project has been deferred until spring 2008 and that the 2008 Sales Tax Fund Budget reflects that carryover. Wallace made a motion to approve the bid for the 2007 Street Sales Tax Repair Project by APAC-Kansas in the amount of $216,769.20. Harper seconded the motion. Motion carried without opposition.
Park Advisory Board: Council considered the appointment of Sue Hoefgen to the Park Advisory Board. Harper made a motion to appoint Sue Hoefgen to the Park Advisory Board. Marr seconded the motion. Motion carried without opposition.
Informational Memorandum & Questions:
Griffith – Griffith asked why the City has to pay extra to fix the bump on 7th Street. Goedecke stated that the original project was to mill the old asphalt and overlay it. Goedecke stated that there were some bad areas that needed repair and that those were patched as part of the project and included in the cost of the original project. Goedecke stated that there was no indication that there was a problem in this particular spot, so it was only milled and overlaid. If the problem had been known, it would have been patched as part of the project and included in the cost of the original project, but since it was not the City will have to pay for it now. Goedecke stated that the State is willing to include it as part of the original project and pay 75% of the cost. Griffith asked if this was typical. Goedecke stated that it is typical to unit price, and that an estimate is provided based on a certain amount of work. Goedecke stated that if there are additional units outside of those provided for within the estimate, and then the cost would come before the Council as a change order. Griffith asked if Keefer had a ballpark figure of what it will cost to acquire the land for the Dike road to be moved. Keefer stated that he did not. Keefer stated that the PCA agreement indicated that the Corp is to provide information for obtaining the easements. Griffith stated that at one time contacting the County had been considered. Keefer stated that there have been discussions with the Township about obtaining the right of way. But since the road will have to be moved those discussions are no longer valid. Griffith asked if anything has been finalized with Williams Pipeline. Keefer stated that there have been discussions, but that there are contamination issues with the property and liability issues to consider. Griffith stated that lately there has been a lot of conversation about earthen dams and road repairs. Griffith asked Keefer if he knows the cost that will be involved with the repairs to the earthen dam. Keefer stated that ours is a high hazard dam. Keefer stated that to the best of his knowledge all inspections on the dam indicated that the structure is sound, but that there are capacity issues with the spillway. Keefer stated that the dam is seventy years old and that basic maintenance is needed. Keefer stated that the next step for 2008 is to hire and engineer to assess and address concerns with the spillway and dam. Griffith stated that the City did a remarkable job getting the street cleaned up and ready for the car show. Keefer stated the contractor worked hard to get the work completed and that city staff worked very hard cleaning it up. Griffith asked if El Dorado prisoners were used. Keefer stated that prisoner work crews were used for the brick repair, in the parks, and at the Theater replacing the seating. Keefer stated that the prison provides their own supervisors for the work crews.
Williams – Williams thanked Cy Ricker and the Parks Department employees for their work in staining and sealing the Playpark equipment. Williams stated that there will be signage going up at the Playpark tomorrow. Williams stated that she received a letter on behalf of the Community Foundation of Butler County Board thanking the Council for their $1,000 donation to the Wiedemann Foundation.
Wallace – Wallace stated that he would like to be added to the list of those attending the annual League of Kansas Municipalities meeting. Wallace asked why it will be necessary to relocate Dike Road. Keefer stated that the Corp decided it would have to be moved. Wallace asked if the move is mandatory. Keefer stated that the road could be abandoned instead. Wallace asked why it would need to be. Allen stated that the new dike will be on top of the existing road. Wallace asked if any dates had been set for the owner of J’s Liquor to present their request for Sunday liquor sales to the Council. Keefer stated that he has provided her with the necessary information and given her direction on what she needs to do moving forward with this issue. Keefer stated that the statute provides the wording for the petition and that he has given her the number of signatures she would have to obtain on the petition. Keefer stated that the key is that those who sign the petition must be registered voters in the city limits of Augusta. Keefer stated that when she is ready he will put her on the agenda. Wallace announced to the citizens that he did receive the letters that they had sent to his attention from city staff and that they were unopened. He reminded citizens to sign their letters, as unsigned grievances do not carry as much weight as signed ones.
Marr – Marr stated that the Planning Commission minutes made reference to an inquiry about the possibility of building a 24 X 50 storage shed at 906 Ohio. Keefer stated that there was no action taken as this was an exploratory discussion. Keefer stated that the Planning Commission gave their opinion that the property would have to be rezoned to Commercial. The prospective buyer had not indicated whether he would be interested in moving forward with this issue.
Adjourn: At 9:00 p.m. Harper made a motion to adjourn. Marr seconded the motion. Motion carried without opposition.
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