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CITY COUNCIL
DECEMBER 3, 2007
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on December 3, 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 Inspector Dan Allen, Sergeant Chad McCluskey, Safety Officer Jerry Ballinger, Safety Officer Drew Reed, Safety Officer Tim Weber, Communications Supervisor Lance Hilton and City Clerk Erica Jones. Visitors present were: Michael McDermott, Elizabeth Heinrich, Julie Roller, Bill Morris, Priscilla All, Deb Vittitow, Bill Eberhardt, Elaine Thomas, and Darcy Herold.
Prayer: Pastor Paul Andrew, Life Church, gave the invocation.
Minutes Council: Minutes of the November 19, 2007 council meeting were reviewed. Wallace stated that the following comments should have been in the discussion regarding sign regulations, after Marr stated that he did not see anything in the suggested ordinance that mentions an upgrade to the ordinance instead of the status quo: “Wallace acknowledged there was planning for the five year plan and invited Marr to assist in finding a resolution for the small business in the area. Marr declined comment.” Wallace also stated that the following comments should have been in the discussion regarding Engineering services for the design work on the City Lake Dam and Spillway: “Wallace stated that he sees no reason to invest millions on a plan that may be redundant as the city flooded with a 12 inch rain in a 24 hour period and these floodgates are supposed to operate after a 27 inch rain in a 24 hour period. Wallace stated he wants to see further proposals.” Harper made a motion to approve the minutes of the November 19, 2007 council meeting. Huddleston seconded the motion. Motion carried with Marr opposing.
Appropriations:
November (11B): Council considered appropriations in the amount of $555,224.32. Harper inquired about the payment listed as the City of Augusta in the amount of $439.38. Jones stated that it was a payroll deduction. Huddleston asked who reviews the statements from the Augusta Animal Clinic and Cami Baker to ensure that the billings are correct. Keefer stated that Chief Tyler Brewer reviews the bill from the Augusta Animal Clinic because he oversees the Animal Control Officer. Keefer stated that the Judge reviews the bill from Cami Baker and that Keefer reviews it as well. Griffith made a motion to approve Ordinance 11B in the amount of $555,224.32. Wallace seconded the motion. Motion carried without opposition.
Visitors:
Service Awards: Mayor Williams recognized the following employees for their years of service with the City of Augusta. Williams thanked them for all their hard work and encouraged them to keep it up.
David All, City Attorney – 25 years of service
Jerry Ballinger, Safety Officer – 10 years of service
Lance Hilton, Communications Supervisor – 10 years of service
Drew Reed, Safety Officer – 10 years of service
Tim Weber, Safety Officer – 10 years of service
New Business:
Public Hearing: Council conducted a Public Hearing to take input on whether the building at 412 State Street is an unsafe and dangerous structure. Elizabeth Heinrich explained to the Council that she sold the property at 412 State Street to David Holler several years ago through an escrow with Prairie State Bank and that the escrow was paid in full. Holler never filed the title when the escrow was paid off and has since disappeared. Heinrich stated that she continued to receive the tax statements, but that she forwarded them to 412 State Street. Heinrich stated that she was approached by Candace Kunkel about purchasing the property but stated that she could not sell it to her since she was no longer the owner of the property. Kunkel was able to obtain Holler’s signature to begin the sale, but was notified that there was a tax lien on the property in Heinrich’s name. At that time, Kunkel signed a Quit Claim Deed that turned the property back over to Heinrich. Mr. All stated that Kansas is an “of records” state and that the last deed on file is the deed that shows ownership. Mr. All stated that the law requires the City to give notice to the property owner on record; therefore, Heinrich was notified. Mr. All stated that while this is an interesting story, it does not have an impact on the decision that needs to be made tonight. Mr. All stated that the decision before the Council is whether the structure is deemed to be unsafe and dangerous.
Dan Allen stated that he had noticed broken glass and contacted Heinrich to let her know that it needed repaired. Heinrich asked Allen to see if the City could get a bid from someone to repair it. Allen contacted McCollum Construction to make the repairs. Allen stated that Mark McCollum contacted him to let him know that there was a leak. Allen stated that a portion of the second floor had collapsed. Allen stated that Kunkel began looking into purchasing the property at that point. Allen stated that the leak is so bad that there is a tremendous amount of mold that is causing problems with the neighboring businesses. Allen stated that he considers this to be a dangerous structure.
Williams stated that the possibility of saving the façade has been discussed and that Heinrich has indicated that if she is in fact the owner of the property she would be willing to donate the funds to save the façade. Huddleston asked if the City will be getting into a battle over the ownership of the property. Mr. All stated that the issue is not who owns the property, but rather is it safe. Mr. All stated that if the owner on record does not pay for the cost of repairs or demolition, a lien would be placed against the property. Huddleston asked when the property would go to a tax sale. Mr. All stated that it would depend on whether the taxes were current. Huddleston asked if the new owner would just assume the façade if it were saved. Mr. All stated that is correct. Wallace inquired about the IRS lien on the property. Mr. All stated that when he spoke to Heinrich’s attorney they were trying to get the lien removed. Huddleston stated that he wants to make sure that we do not drag this on for months.
Williams asked Heinrich if she were to be given thirty days to pull the permit and demolish the property, would she want to obtain bids on her own or have the City do that and then bill her. Heinrich stated that the preliminary bid the City obtained is lower than the bid she got. Keefer stated that Allen was able to obtain an estimate for the demolition, but that the contractor has not inspected the property. Keefer stated that the City would have to obtain formal bids and the Governing Body would have to approve the bid. Keefer stated that when the work was complete the City would bill the property owner and if not paid, the cost would be applied to the property in the form of a tax lien. Griffith asked if Heinrich would still own the property. Mr. All stated that until someone else files a deed, she is the owner.
Mr. All stated that the Council should deem whether or not the structure is dangerous and if it needs to come down immediately. Keefer stated that Staff’s recommendation is to adopt the resolution and amend it to give thirty days from the date of publication for the repairs to be made or demolition to be completed. Keefer stated that if the property owner is able to show a signed contract with a contractor within those thirty days, Staff would consider that to be a reasonable expectation. Griffith asked Heinrich what she would prefer to see happen. Heinrich stated that she would like to speak to her attorney and come back to the Council next week. Keefer stated that he wants to work with the property owner within reason. Mr. All stated that from a legal aspect the City needs to take action quickly, because there is some liability there if the City takes to long to move forward with the demolition. Williams asked if it would be feasible to change the term to fifteen days to pull the permits, then the City could monitor if the work is being done.
Bill Morris addressed the Council as a representative for Downtown Augusta, Inc. (DAI). Morris stated that DAI is really positive about saving the façade and hope that any resolution would consider that. Williams closed the public hearing at that time.
Council considered a Resolution declaring that the building at 412 State Street is an unsafe or dangerous structure and ordering the structure be repaired and made safe or be demolished. Huddleston stated that he would like to give the property owner the opportunity to pull the permits. Keefer stated that the City could still move forward with obtaining bids for the demolition so if the permits are not pulled, the City could step in and have the property demolished. Wallace made a motion to approve Resolution 2007-13 declaring the building at 412 State Street to be an unsafe or dangerous structure and ordering it to be repaired or demolished within thirty days of publication of the Resolution and for the demolition of the building to be completed with the intent to save the façade. Rawlings seconded the motion. Motion carried without opposition.
Utility Abatements: Council considered the annual requests from various agencies and organizations for utility abatements for calendar year 2008. Huddleston stated that there are three that are increasing their requests from the previous year. Huddleston stated that he would like some kind of guarantee that these organizations are doing all they can to conserve energy before we keep giving them more money. Rawlings stated that he has been around two of the three organizations and can say first hand that they are very conservative. Wallace agreed with Rawlings that they are very conservative with their energy. Wallace made a motion to approve the following request for utility abatements for the calendar year 2008: Augusta Arts Council $10,000, Augusta Chamber of Commerce $1,700, Augusta Community Caring Center $2,300, Augusta Historical Society $3,000, Augusta Public Library $22,000, Augusta Senior Center $1,200, Kansas Museum of Military History $200, Mid-Kansas CAP $6,000. Harper seconded the motion. Motion carried without opposition.
Schedule Public Hearing: Council considered scheduling a public hearing to consider amending the 2007 Budget for 7:30 p.m. on Monday, December 17, 2007. Rawlings made a motion to schedule a public hearing to consider amending the 2007 Budget for 7:30 p.m. on Monday, December 17, 2007. Harper seconded the motion. Motion carried without opposition.
Informational Memorandum & Questions:
Williams – Williams stated that there was a successful Visioning meeting with three council members in attendance. Williams thanked those that attended and stated that there will be another one in January. Williams stated that the Council has been invited to meet with the School Board, Senator Palmer has invited the Council to Topeka, and a request was received by Butler Community College (BCC) for the Council to meet with the Board of Trustees. Williams asked if the Council would be interested in attending a steak dinner hosted by the BCC Board of Trustees. Keefer stated that it will be late winter or next spring before the dinner would occur. Huddleston stated that he would have to know the date before he could commit. Williams stated that there is an Economic Development Breakfast in Butler County scheduled on Wednesday from 7:30 a.m. to 9:30 a.m. The cost is $15 and anyone interested in attending should let Williams know. Williams stated that she is looking forward to the Strategic Planning session in January.
Rawlings – Rawlings inquired about the policy for addressing pot holes in a paved alley. Keefer stated that there is not a policy that directly addresses that issue. Keefer stated that pot holes in alleys are not as quickly addressed or repaired as those in the road. Keefer stated that he believes the alley Rawlings is referring to was one where the property owners got together and paved the alley on their own. Keefer stated that if the City is made aware of the pot holes, we will address it within reason but cannot repave the entire alleyway. Marr asked if the alleys downtown are eligible for the sales tax money. Keefer stated they are not dedicated streets so they would not be eligible for sales tax money. Marr asked if changing them to a delivery route would make those funds apply. Keefer stated they would still not be a dedicated street, but that the Council has the authority to allocate those funds and make recommendations to Sales Tax Committee. Keefer stated that maintenance may be able to be done to the alleys out of the funds set aside for patching and crack sealing. Marr stated that any use of the sales tax funds on any paved surfaces in the downtown area would be beneficial.
Wallace – Wallace inquired about the warehouse in the old IGA building. Dan Allen stated that Global Parts is temporarily using the space as a warehouse and will be applying for a conditional use permit. Wallace stated that he was told Global Parts had been informed there was not enough space for them at the Airport. JJ Allen stated that was not true. JJ Allen stated that Global Parts is in a month to month lease with the owner of the Plaza and will be moving to a new location in the Industrial Park. Wallace stated that Staff needs to follow up on making sure the application for the conditional use permit is received so this does not turn into another issue like the rock.
Huddleston – Huddleston stated that the intersection of 5th and State has a very large dip. Huddleston also stated that there is a large dip with water in it at the entrance of Subway. Keefer stated that there is a water leak in that area and that he had spoken to Staff about it.
Marr – Marr inquired about the City’s plan for doing the water hookups on State Street. Keefer stated that the goal is for city crews to complete that work and that he has had discussions with Staff about this. Keefer stated that there are a couple of leaks around town that will have to be addressed first, but then they will start working on the hookups on State Street. Marr asked that Staff include an update in the next Informational Memorandum. Marr inquired about the progress of the building at Santa Fe Lake. Dan Allen stated that it is not totally complete because the springs for the doors need to be set, but that it is weather tight and useful. Allen stated that as soon as the doors are set, everything else will come together. Marr inquired about the status of the water test at D J Engineering. Keefer stated that it had been completed. Keefer stated that D J Engineering has discontinued dumping the water in the street and it is now putting it into the City’s sanitary sewer system. Marr stated that there is a trailer filled with trash sitting in the yard at 234 Broadway and in the alleyway at Main and Dearborn. Marr stated that the City’s Environmental Inspector needs to address this. Dan Allen stated that they are aware of the situation on Broadway, but that he is having a hard time finding anything in the ordinance book that prohibits this. Allen stated that he is continuing to research the matter.
Harper – Harper stated that over the weekend she had an opportunity to observe a couple of Augusta’s Safety Officers and an EMT assisting some people. Harper stated that the Officers are a tribute to our city and thanked them for their professionalism.
Adjourn: At 8:25 p.m. Harper made a motion to adjourn. Rawlings seconded the motion. Motion carried without opposition.
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