City of Augusta Kansas

CITY COUNCIL

SEPTEMBER 4, 2007

7:30 P.M.

The Council of the City of Augusta, Kansas met in regular session on September 4, 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, City Inspector Dan Allen, Santa Fe Lake Caretaker Rod Davis, Airport Manager Tim Reid, and City Clerk Erica Jones.  Visitors present were: Michael McDermott, Martin Goedecke, Julie Roller, Jason Bradley, Devin Hefley, David Berndsen, Carol Moser, Gene Moser, Sandy Koontz, Joyce Rodda, Shirlene Jacobs-Burleson, and Elmer Simon.

Prayer:  Reverend Ron Dow, First Christian Church, gave the invocation.

Minutes Council:     Minutes of the August 20, 2007 council meeting were reviewed.  Wallace stated that his comment about the appropriations should read “Wallace stated that if the Council is concerned about the process of receiving bids then maybe the managers should be required to obtain approval from Keefer prior to making the purchases”.  Chrislip made a motion to approve the minutes of the August 20, 2007 council meeting.  Harper seconded the motion.  Motion carried without opposition.

Appropriations:                         

August (8A):     Council considered appropriations in the amount of $1,682,815.54.  Huddleston stated that the Lifeguard Certification reimbursements were all $125.00, except for one for $109.75.  Jones stated that shirts and shorts were ordered for the lifeguards and that the lifeguards agreed to pay for them, but this particular lifeguard had failed to reimburse the City so the cost was withheld from her reimbursement.  Huddleston inquired about the payment to CEI for the water tower project.  Keefer stated that those were monies left over from the water tower project and can be used for improvements at the water plant.  Keefer stated that this expense was for filters for the water plant.  Huddleston inquired about the payment to GE Capital for equipment leasing for Administration and C/C.  Jones explained that C/C stands for City Clerk and that the equipment in question is the copier that was leased for City Hall.  Huddleston inquired about the payment to Microsoft Business in the amount of $2,115.00.  Jones stated that it was the annual payment for the accounting and payroll software used in the City Clerk’s office.  Wallace inquired about the multiple payments to AT & T and the $14,151.24 payment to AT & T Capital Services.  Keefer stated that the $14,151.24 payment was the lease/purchase payment for the Emergency 911 equipment.  Jones stated that the $76.72 payment to AT & T is for the wireless 911 units, the payment for $805.75 is for the monthly phone service at the Safety Department, the $250.00 payment to AT & T Global Services is the monthly payment for Voice CPE support and maintenance contract, and the $86.01 payment is for long distance charges for all of the City facilities.  Wallace inquired about the multiple payments to the Kansas Payment Center.  Jones stated that they are for child support payments.  Griffith inquired about the payment to Jadcore in the amount of $3,774.60.  Keefer stated that it is for the blue trash bags that are sold out of the Utility Office.  Griffith made a motion to approve Ordinance 8A in the amount of $1,682,815.54.  Wallace seconded the motion.  Motion carried without opposition.

Visitors:

American Pride Landscaping, Inc.:     Jason Bradley, property owner at 818 Ohio, was present to discuss the repairs he made to the sidewalk in front of his property and the roundabout with landscaping rock he constructed.  Bradley stated that he was notified that he would have to remove the rock from the roundabout and was only given four and a half days to do it.  Bradley stated that after speaking with Councilman Wallace that was extended to ten days, and the City offered to assist in moving the rock at no charge.  Bradley stated that it was explained to him that there were liability concerns about the rock being hit by vehicles, bicyclists, or pedestrians.  He further stated that he had not obtained the proper permit.  Bradley explained that he took on the project because the sidewalk that was in place was unsafe.  He said that City Inspector Allen had stopped by when he was tearing up the sidewalk and told him he would have to obtain a $10 permit and that Allen had taken several pictures of the construction.  Bradley stated that because Allen had been by and taken photos he believed he was covered as far as a permit was concerned and continued on with the work.  Bradley stated that he felt there had been constant communication with himself and the Inspector’s office about the progress of the work and that he was repeatedly told that the project was looking good.  Bradley stated that he understands the concerns about safety, but that he has pictures to present to the Council showing other sidewalks and properties around town that are more unsafe then his sidewalk.  Bradley chose to construct a roundabout because he pulled up the original brick and found that it was stamped with “Coffeyville” and that many of the bricks were decorative.  He stated that he had asked to purchase additional bricks for the project from the City and was told no. Bradley stated that he built the sidewalk around the rock and that it is the proper width.  Bradley further stated that he has hired a contactor to construct a handicapped ramp.  Bradley stated that he was present to ask the Council to make a motion to allow the rock to stay where it is. 

Wallace asked if Bradley has inquired with his homeowner’s insurance about the liability coverage.  Bradley stated that he had not.  Huddleston asked if the liability fell to the property owner or the City.  Attorney All stated that the rock is on the city right-of-way and that anything on the city right-of-way would be the liability of the City.  If the City allows it to exist, then the City would be liable.  Huddleston stated that Bradley had thought he had a permit, but asked Bradley if he had paid the $10 permit fee.  Bradley stated that he had not, and that after several discussions with the Inspector he was not told that he did not have a permit.  Huddleston asked if Bradley is dead set against moving the rock and Bradley stated that he is.  Wallace stated that there are statuaries in the middle of the sidewalks in Wichita and other cities and that Augusta has planters and trees on its sidewalks and asked if those are liability issues.  Mr. All stated that there would be a liability issue if someone were injured.  Mr. All stated in this instance the sidewalk does not meet ADA standards.  Bradley stated that he looked at the VA Hospital to see what the width of their sidewalks and landings were.  Marr stated that he believes enough information has been provided to add the issue to the agenda of the next meeting for discussion.  Marr stated that if the issue goes to a vote tonight Bradley will be obligated to abide by the information provided tonight.  Marr stated that if given until the 17^th, Bradley could obtain the proper permit and both parties will be able to do all of their homework.  Harper agreed.  Leffler asked the Council if they thought it was important to hear the other side of the story from Inspector Dan Allen so the City would have some representation in tonight’s discussion.  Allen stated that he has worked with Bradley and approached him about his stone sidewalk.  Allen stated that at that time, there was no knowledge of a boulder being placed at the location.  Allen stated that Bradley has done a good job of cleaning up the area and making it look nice.  Allen stated that the Department of Justice requirements for a nine inch curb state that there must be a nine foot ramp with a landing area with a minimum of four feet to allow turning space for the wheelchair.  Allen stated that the current layout does not meet those requirements.  Allen stated that he did tell Bradley that he needed to obtain a permit and that the pictures he took were to be used for the sidewalk replacement program if Bradley decided to take advantage of the 50% reimbursement up to $500.00.  Allen also stated that Bradley told him it was easier to beg for forgiveness then to ask for permission.  Harper made a motion to table the issue.  Huddleston seconded the motion.  Motion carried without opposition.

            Carol Moser came forward and stated that she had moved to Augusta six or seven years ago and that all she has heard is that this is a small town and that improvements are wanted and encouraged.  Moser stated that the Council speaks with forked tongue.

Old Business:

Commercial Zoning Chapter:     Council considered approval of an Ordinance that amends the City’s Zoning Regulations relating to the Commercial Zoning Chapter.  Marr stated that he commends Staff and the Planning Commission on the re-write of the ordinance.  Marr stated that he would like some clarification on the Planning Commission’s recommendation to extend the “M” zoning to 7^th Street and how that will affect Augusta Saw and Mower and the off street parking issue.  Berndsen stated that by extending the zoning to 7^th Street it will allow for Augusta Saw and Mower to continue to have on street parking.  Berndsen stated that the Commercial Zoning for 7^th Street does not allow on street parking, so if Augusta Saw and Mower is zoned as “C” then they will not be able to have on street parking or outdoor storage of equipment.  Huddleston stated that Staff has done a good job on the ordinance.  Huddleston stated that the Planning Commission is supposed to have the interest of the entire community at large in mind when making decisions.  Huddleston stated that there is a very large fee associated with the application for a conditional use permit, just to find out if they can have that type of business down town.  Huddleston stated that this large fee is a burden for businesses relocating to the downtown area.  Keefer stated that there is a significant cost associated with the process, including publication costs, notification costs to surrounding property owners, and a considerable amount of staff time spent on these issues.  Huddleston again stated that it is a lot of cost just for people to ask if they can have their business downtown.  Huddleston stated that if the fee were more reasonable then he would agree to leave the allowed list as it is.  Wallace stated that as it stands, about half of the business that are downtown now would be required to obtain a conditional use permit if they were trying to move downtown.  Wallace stated that it would be different if businesses were knocking down doors to get downtown, but that there are several empty buildings there now.  Wallace stated that he understands that the current businesses will be grandfathered in, but that they will not be able to sell without the new owner obtaining a conditional use permit.  Keefer stated that if the same business is at that location and it only changes ownership or changes to a business listed on the ordinance as allowed, then they would not be required to obtain a conditional use permit.  They would only be required to obtain a permit if changing to a different use that is not listed on the ordinance as allowed.  Huddleston reiterated that he does not agree with charging $325.00 for a business owner to ask if they can move their business downtown.  Keefer reminded the Council that the goal of this ordinance is to allow more permitted uses downtown.  Keefer also stated that one of the other goals was to promote more retail businesses downtown.  Huddleston again stated that the fee should be lowered.  Keefer stated that he would have to look into the cost associated with the application and the staff time spent on the process.  Inspector Allen stated that there is a lot of time associated with granting a conditional use permit and can take up to two days of staff’s time.  Allen also stated that when visiting the downtowns of other communities such as Eureka Springs or Lindsborg, you don’t go to visit service businesses but rather boutiques, galleries, and other retail shops.  Allen stated that it should be geared more towards retail to draw people downtown.  Marr stated that the Planning Commission and Staff worked very hard on providing a comprehensive re-write of the ordinance.  Marr stated that the Council had an opportunity to give comment and input for the re-write.  Marr stated that if someone has a constructive comment then say it; otherwise the Council should move on.  Marr further stated that the fee issue could be put on as a future agenda item.  Huddleston asked why a mower shop would be restricted.  Berndsen said because there are combustibles involved.  Berndsen said that was why those types of businesses were left off the list so they could be evaluated on an individual basis to make sure they will be handled properly and stored properly.  Wallace stated that if a business is turned down for a conditional use permit, then that type of business is discouraged from moving downtown.  Keefer stated that each case is looked into closely and that applications are rarely turned down.  Huddleston stated that he does believe the Planning Commission does a good job in looking out for the community’s best interests.  Williams stated that the Planning Commission does serve the best needs of the community and does encourage citizens to attend the Planning Commission meetings.  Berndsen reminded the Council of the Planning Commission’s recommendation to change the boundary limit to 7^th Street as opposed to the old railroad.  Rawlings stated that Subway’s address is probably 7^th Street, but asked because of how it is situated what zoning it would fall in to.  Keefer stated Rawlings was correct and that Bank of America would have a State Street address.  Keefer further stated that Subway has ingress and egress on both State and 7^th Streets.  Rawlings stated that he understands Berndsen’s point that if Augusta Saw & Mower is not included in the “M” zoning district that on street parking will not be allowed.  Berndsen further stated that there would be issues with Augusta Saw & Mower’s outdoor storage.  Rawlings made a motion to approve Ordinance 1949 as written with the old railroad being the boundary line.  Wallace seconded the motion.  Motion carried without opposition. 

            Huddleston stated that he would like the fee issue to be addressed in the future.  Rawlings stated that if a business cannot afford the $325.00 application fee, they probably cannot afford to be in business.  Huddleston stated that he just wants to make sure the fee is not viewed as a way to generate revenue.  Leffler stated that he understand that the fee is used to cover the costs associated with the application. 

New Business:

Letters of Interest:     Council considered authorizing the submittal of Letters of Interest to the State Conservation Commission Multipurpose Small Lakes Program.  Sandy Koontz was present and explained the history and purpose of the Butler County Conservation District.  Koontz explained that her office sent a letter to the City to find out if there is interest for a cost share for improvements to the City’s two lakes.  Koontz stated that she understands that the cost estimates are scary, but that there are several lakes in Kansas that are filling up with sediment.  Koontz stated that it is the District’s goal to protect the lakes that we have.  Koontz stated that there are cost shares with the USDA to help farmers with terraces and waterways.  Koontz explained that this is phase one of a three phase process, and that her office wants to know what needs are out there.  Then, this information can be taken to the State.  Wallace asked if he is correct in understanding that these projects could cost the City $5 million of a total $15 million project.  Koontz stated he was correct.  Keefer explained that this is only to show that the City has interest and does not commit the City to anything or guarantee that the City will be granted any funds.  Wallace asked if the waterlines to Santa Fe Lake are defunct.  Keefer stated that they are not and that water is sometimes pulled from Santa Fe Lake.  Huddleston stated that item #15 stated that the City Lake has not been dredged, but asked hadn’t that been done a number of years ago.  Rawlings stated that technically it had not, and that only dirt had been removed from a cove.  Keefer stated that when the water got so low the City had looked into it, but there was major permitting involved as well as several restrictions.  Koontz reminded the Council that when looking at repairs needed at the lakes it is important to look at protecting the watershed.  Williams asked if there are any other privately funded grants available.  Koontz said that there is and stated that she will work with Rod Davis to identify those.  Huddleston made a motion authorizing submittal of Letters of Interest to the State Conservation Commission Multipurpose Small Lakes Program.  Wallace seconded the motion.  Motion carried without opposition.

Work Experience Program:     Council considered approval of an agreement with the Kansas Department of Social and Rehabilitative Services for the City’s participation in their Work Experience Program.  Wallace made a motion to approve an agreement with the Kansas Department of Social and Rehabilitative Services for the City’s participation in their Work Experience Program.  Marr seconded the motion.  Motion carried without opposition.

2007 Street Sales Tax Program:     Council considered bids for the Rejuvenation Seal work as part of the 2007 Street Sales Tax Program.  Wallace made a motion to accept the bid from Pro Seal, Inc. in the amount of $18,549.60 for rejuvenating seal work.  Marr seconded the motion.  Motion carried without opposition. 

Voting Delegates:  Council considered designating the City’s Voting Delegates and alternates to the League of Kansas Municipalities annual meeting.  Wallace made a motion to designate Huddleston, Williams, and Wallace as the City’s Voting Delegates and Leffler, JJ Allen, and Erica Jones as alternates.  Marr seconded the motion.  Motion carried without opposition.

Work Session:     Marr made a motion to schedule a work session for 6:30 p.m. Monday, September 24, 2007 at City Hall to review and discuss the preliminary plans for the Downtown Streetscape Project.  Huddleston seconded the motion.  Motion carried without opposition. 

Informational Memorandum & Questions:

Chrislip – Chrislip inquired about the large pot holes in front of Bank of the West.  Keefer stated that in the summer there is a constant flow of water caused by condensation on the air conditioning units of Wal-Mart and Dillons.  Keefer stated that the will be fixed, but it cannot be done until that area has dried up.

Williams – Williams reminded the council members that they need to get their nominations for the Street Sales Tax Committee turned in to City Hall.  Williams stated that she received another call today about the hours of operation of the Recycling Center and that she also had calls about temporary/portable signage.  Dan Allen stated that temporary signage can only be up 45 days out of a calendar year and that there is a fee of $15.  Williams stated that there are concerns about the number of temporary/portable signs popping up.  Williams stated that she would also like to mention that there is a need to look at possible things that can be done to enhance the 7^th Street corridor, including what types of grants are available.  JJ Allen asked if Williams is looking for recommendations or just the options available.  Williams stated the options available.  Williams announced that she will have office hours at City Hall on Tuesdays and Thursdays from 9:00 a.m. to 11:00 a.m.

Wallace – Wallace asked Jones to explain what steps landlords can take if they are concerned about how their properties are handled in regard to disconnection of service.  Jones stated that there is a form in the Utility Office that all landlords should fill out and that is updated annually.  Jones stated that the landlords will choose one of multiple options on how disconnection of service for non payment should be handled.  If the form is not on file, then the service will just be shut off. 

Huddleston – Huddleston stated that driving around town, he noticed several fire hydrants covered and out of service.  Huddleston asked if there is a plan for repairing those.  Keefer stated that they are on a work order to replace them and that most of them are out of service due to their age.  Huddleston stated that the safety issue concerns him.  Keefer stated we have been working with the resources available to us, and have been replacing some of them.  Keefer stated that it costs $1,500 to $2,000 per hydrant to replace them and that the Water Department has a very tight budget.  Huddleston stated that we should look for the money somewhere.  Huddleston asked for an update on the codification.  Jones stated that she had told the League she could start working with them the first part of September, so she is expecting to hear from them this week.  Huddleston stated that the asphalt is nearly gone on 12^th Street between Euclid and Dearborn.  Keefer stated that it is on the patch list.  Huddleston stated that he does not want it to wait until next year when the intersection will be worked on. Huddleston asked for the status of an ordinance addressing utility billing errors.  Jones stated that she is working on it and will have it available for the September 17^th Council meeting. 

Marr – Marr stated that he believes the Council should step back and take a hard look at the proposed parking lot at 422 State Street.  Marr stated that a lot of people put faith in the process and were fundamentally let down.  Marr stated that DAI’s recommendations and the Council’s comments were not incorporated into the permit.  Marr stated that the site plan shows a carport lean-to which will be an eye sore.  Marr stated that in preparation for the Streetscape workshop it would be good to see what the Council’s thoughts are on this.  Wallace stated that there will be six public parking spots given up for a private parking lot.  Marr asked Goedecke to address the options if the curb cut stays and if the fire hydrant is relocated to open up the space for parking.  Marr stated that he felt the Governing Body lost control and trusted that DAI’s recommendations and business owner’s comments would be considered.  Marr stated that he believed that kind of activity is detrimental to what the Council’s thoughts are.  Berndsen stated that the Planning Commission believes in private property owner’s rights and that the owner is the one that has to invest in the property, pay all of the taxes, and assume all liability.  Huddleston stated that there was no consideration by the Planning Commission that public parking will be lost.  Berndsen stated that if restrictions are placed on the lot, no other businesses will want to move into there.  Gene Moser stated that the city should buy the lot and put in public restrooms.  Marr asked how other cities manage the input from multiple parties when issuing permits.  Keefer stated that some communities do things different then Augusta and others do it the same way.  Keefer stated that some communities or Counties require conditional use permits to be presented to the governing body for approval.  Keefer stated that the way Augusta’s ordinance is written, only zoning changes are required to be presented to the governing body for approval.  Keefer stated that the visioning that the Mayor has suggested is a good idea and an opportunity to bring a group together to have these types of discussions and come up with a common vision for Augusta.  But, it will take a lot of time and effort.  Marr stated that in the meantime, private property was part of the discussion here and that the Council is sympathetic to it, but other business owners downtown have invested time and effort into the downtown area and should be afforded some consideration.  Williams asked if the ordinance was changed, what would be the point of a Planning Commission.  Keefer stated that they would review the cases and make recommendations to the governing body.  Marr asked if there was some way the $1 million Streetscape project could be put in jeopardy because of a $32,000 investment.  Mr. All stated that if Ms. Kunkel does not buy the lot, the existing owner now has a parking lot.  Huddleston asked if the lot is not paved within a year, does the curb cut come out.  Keefer stated that it does.  Marr asked if she was acting as an agent for the property owner if it is the same.  Mr. All stated that this curb cut was grated to the existing owner for the Curves business.  Mr. All stated that the curb was to be replaced and that the Council could pull the curb cut at any time.  Williams stated that DAI should look into the property to see if DAI or the City should buy the lot and move forward with a parking lot or another use.  Keefer stated that if the removal of the curb cut is something the Council wants to see, then it is pretty straight forward.  Marr stated that Staff should come back to the Council with suggestion on how conditional use permits for the “M” District can be required to be presented to the Council for final approval.  JJ Allen asked if Marr meant in perpetuity or just until the Streetscape project is completed.  Marr stated that at least until the Streetscape project is complete.  Marr stated that this could be a short term fix until the rules are in place.  Keefer stated that Staff will take a look at it and come back with suggestions.  Marr stated that we should start with section 707A.2 of the ordinance as the baseline for the conditional use permit to keep everyone on the same page.

            Marr asked about the 200 block of State Street not getting an eight inch water line.  Goedecke stated that the work stopped at 4^th Street.  Goedecke stated that the curbs and bricks between 3^rd and 4^th had been replaced previously and that it currently has a six inch line.  Goedecke explained that was why the new waterline wasn’t taken down that far.  Marr stated that the area was later included in the Streetscape project and it should be revisited in the workshop. 

Harper – Harper stated that she is interested in a short report on the swimming pool.  Keefer stated that the pool was just emptied and that Cy Ricker is working on getting a report prepared for the Council.

Adjourn:            At 9:45 p.m. Harper made a motion to adjourn.   Marr seconded the motion.  Motion carried without opposition.