|
CITY COUNCIL
DECEMBER 1, 2008
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on December 1, 2008, 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, City Attorney David All, Assistant City Manager JJ Allen, City Inspector Dan Allen, and City Clerk Erica Jones. Visitors present were: Michael McDermott, Bill Morris, Tom Palmer, Diana Herrman, John Lara, Marion Nichols, Eleanor Hoskinson, Glenn Hoskinson, Kenneth (Tim) Kasting, Stephen Cannaby, Justin Messenger, Ken Schnake, Lynne Holloway, Ken Holloway, Sharon Sudduth, and Martin Goedecke.
Prayer: Pastor Larry Snodgrass, Haverhill Christian Church gave the invocation.
Minutes: Griffith made a motion to approve the Minutes of the November 17, 2008 council meeting. Chrislip seconded the motion. Motion carried without opposition.
Appropriations:
November (11A): Council considered appropriations in the amount of $917,789.42. Huddleston asked if the payment to Davis Manley for court appointed attorney services was for the approved rate. Keefer stated it was. Huddleston asked about the purchase from Hutchinson Salt and asked if that was enough to get us through the winter. Keefer stated several loads were brought in to fill the bins and that it should be enough. Huddleston inquired about the payment to Rusty Eck. Keefer said it was for major mechanical repair on a safety department vehicle. Wallace made a motion to approve Ordinance 11A in the amount of $917,789.42. Harper seconded the motion. Marr inquired about the $7,772.92 paid out of the special alcohol fund. Jones stated $7,700 was for the special alcohol grants that were approved at the previous meeting and $77.92 to Creative Products for DARE program materials. Motion carried without opposition.
New Business:
1103 Leckliter: Council conducted a public hearing to take input to determine whether 1103 Leckliter should be declared a dangerous and unsafe structure and order it demolished. Dan Allen stated the old moldy sheetrock has been removed and a pump has been installed. Allen stated the utilities have not been hooked up yet, but that they are working on it. Allen stated they have secured the property and completed everything that has been requested to date. Keefer asked if the owner had indicated her plans for the property. Allen stated they are trying to sell it. Huddleston asked who the owner is. Allen stated the owner on record is Kurtis and Hope Vogel, but that he has not been able to contact them so his discussions have been with the mortgage holder Citi Residential Lending Inc. After no public comment, the public hearing was closed.
Keefer asked Allen if the balance of the issues that need to be addressed are cause to deem this a dangerous structure. Allen stated it is no longer a dangerous structure. Keefer stated passing the resolution and setting the 30 day deadline would be a tool to help make sure the property owner follows through with the improvements. Huddleston stated the resolution is based on the structure being unsafe and dangerous, and since it is no longer unsafe or dangerous he doesn’t see how we could pass a resolution to the contrary. Allen stated the resolution no longer needs to be passed as those issues causing it to be an unsafe or dangerous structure have been addressed. Allen stated that the only issue will be the ongoing maintenance of the property. Keefer directed Allen to follow up to make sure the property owner addresses the last few items such as getting utilities and mowing and maintaining the property.
Red Bricks Cafe: Council considered a request from Kenneth (Tim) Kasting, owner of the Red Bricks Café located at 419/421 State, to waive a requirement in Section 3-102 of the Code of Ordinances prohibiting the sale and consumption of alcoholic liquor within 200 feet of a church. Huddleston asked, as the owner of record of this property, if he has a conflict of interest. Williams stated it would be, so Huddleston abstained from the discussion due to the conflict of interest.
Tim Kasting stated he does not want to open another bar in town, but he is requesting a liquor license so he can serve wines and spirits to those eating at his establishment. Kasting stated this would be at the rear of his building and he would not be advertising it. Kasting stated there are two other establishments downtown that have received a new license or changed license holders. Kasting stated one was a brand new tenant, and that he has concerns over “grandfathering” in a building as opposed to a licensee. Kasting further stated the church next door to him is not a recognized or organized religion, and he would like a definition on what is considered a church.
Williams stated Kansas Mainstreet guidelines encourage more retail and restaurants. Williams wondered if this ordinance reads in a way that might make the 400 block of State Street difficult to fill with business. Mr. All stated the ordinance does not discriminate one way or the other, it simply states there is to be no alcohol consumed within 200 feet of a church. Mr. All stated if the Council wants to consider a waiver of the distance requirement, they would need to schedule a public hearing.
Wallace stated the State’s distance requirement only pertains to liquor stores. Wallace stated according to this ordinance, anyone consuming alcohol in their homes would be breaking the rules if they live within 200 feet of a church. Keefer disagreed, stating that the restriction deals with the sale and consumption on the same premises. Wallace stated the church has expanded and they didn’t appear to have an issue with the sale of alcohol at the other two establishments near their church. Wallace asked if this is a State ordinance. Keefer stated the ordinance in question is the City ordinance.
Griffith made a motion to schedule a public hearing at 7:30 pm on December 15, 2008, to take input to determine whether waiving the distance requirements and issuing an alcoholic liquor license to the Red Bricks Café will or will not adversely affect public welfare or safety. Wallace seconded the motion. Motion carried with Rawlings and Chrislip opposing and Huddleston abstaining from the vote.
Utility Abatements: Council considered requests from various non-profit agencies for their 2008 utility abatements. Griffith asked what Mid-Kansas Cap, Inc. (Mid-Cap) does. Marion Nichols with Mid-Cap stated that they assist people in thirteen counties and Augusta is their main office. Nichols stated they have Head Starts in six counties, hold work sessions, give parental training, and assist with payment of utilities as well as providing other services. Nichols stated they employ 88 people, 26 of those in the Augusta office. They have served 2,851 people/families in the last 12 months. Nichols stated in 2009 they will have a transitional housing program that will assist families who are homeless and help them become self sufficient. Griffith asked how they are funded. Nichols stated they receive funding through a Community Service Block Grant, Head Start, HUD, Emergency Shelter grants, funding from various counties and cities, and from private donations. Griffith asked if some of those funds come from Augusta residents. Nichols stated they do. Williams asked how much of the operations are funded by federal or state funds. Nichols stated a majority of the funding comes from tax payer dollars. Nichols stated other cities and counties provide funding, separate from utility abatements. Griffith inquired about property taxes. Nichols stated they do not pay property taxes for individuals. Leffler asked how the $4,000 increase was calculated. Nichols stated they looked at this year’s utilities and the increases they experienced in their other expenses. Leffler asked if they are looking at a shortfall in 2008. Nichols stated they are very stressed for funding, but they will not come up short.
Wallace stated he thought we budget for the Library in the City’s annual budget. Keefer stated we give the Library funding, but they prepare their own budget.
Wallace asked why the Augusta Historical Society is asking for such an increase. Williams stated it was due to an anticipated increase in water use. Tom Palmer stated they have acquired more real estate. Palmer stated this year’s abatement was used by September and the abatement is generally run out by October of each year. Palmer stated that even with a $5,000 abatement, they will probably have to pay towards the utilities at some point during the year. Palmer stated if the funding from the County were to stop, their funding would come strictly from fundraising. Fundraising makes up 70 to 80 % of their current funding. Palmer stated they struggle to think of new ways to raise money. Keefer asked what additional costs the new property will bring. Palmer stated the sprinklers are an added cost and there will be some minimal lighting. The majority of the increase in expenses will be the water.
Wallace asked if the 12 month usage for the Augusta Theatre was only $7,310.42, why are they requesting an abatement in the amount of $8,500. Bill Morris stated they are anticipating an increase in the cost of usage for 2009.
Marr stated he would like clarification on why the Kansas Museum of Military History is asking for an increase from $200 to $5,000. John Lara stated they added air conditioning and heating this year. Huddleston stated they did not pay for their electricity through the City in the past, but they are now on the City’s electric utility. Griffith inquired about their budget. Lara stated they only receive user fees and admission fees, and are staffed by volunteers. Lara stated they are trying to get more tourism through Augusta and they are looking at obtaining more land and adding to the museum. Williams asked if they hired a Director this year. Lara stated they are trying to, but there is not enough funding. Griffith asked how much public participation they get. Lara stated it has doubled this last year, they have seen approximately 50 people per month. Griffith asked if there was an advantage to changing their name. Lara stated it gave them a better opportunity to receive grants. Lara stated they just recently received a $2,000 from the Lakin Foundation out of Colorado.
Huddleston stated everyone on the list is a 501(C)(3) organization that can accept donations, except for the Chamber of Commerce which is a 501(C)(6) organization. Huddleston stated for the public’s understanding, he would like clarification on why the Chamber is included on the list for abatements. Huddleston stated all of these organizations are worthy, but we take money from utilities and that causes the rates to increase. Huddleston stated it is as if the City is making the decision for the citizens about what organizations they should make donations to. Huddleston also stated he has not seen anything from these organizations that shows they have an active conservation program, such as making sure the lights are turned off and the thermostats are set at a certain level at night.
Leffler stated he understands the point that they will need these funds, but overall they are asking for a $12,000 increase. Leffler stated he doesn’t understand how organizations can consider expanding, when they do not have funding to cover their current operations and to meet their goals. Leffler stated he too is concerned about making those decisions for the citizens. Leffler stated he thinks there needs to be a work session to discuss this further.
Keefer stated the issue of conservation can be incorporated into the application process for next year, but due to time constraints staff could survey this year’s applicants. Huddleston stated it seems like this is a recurring item each year and he would like to see them put a plan in place to raise the funds so they could be self sufficient and not ask for abatements each year. Williams stated these organizations have a positive impact on our community, and when we help them we are helping our citizens.
Bill Morris stated in response to the comment about coming up with additional funding he would like to clarify that the Arts Council is constantly worrying about funding. Morris stated non-profits are all trying very hard to come up with other funding ideas, but it is becoming more difficult to find other funding opportunities.
Rawlings made a motion to schedule a work session on December 15th at 6 PM at City Hall to further discuss the 2009 Utility Abatement requests. Harper seconded the motion. Marr stated he would expect to see a statement from the applicants on how the savings will be used to improve their services. JJ Allen stated that information is provided in the applications and asked if the Council wants information provided on conservation efforts. Williams stated yes. Marr stated they need to be specific in the direction they give staff. Rawlings withdrew his motion.
Wallace stated it is not necessary for them to bring in their future plans for funding. Wallace then made a motion to schedule a work session on December 15th at 6 PM at City Hall to further discuss the 2009 Utility Abatement requests. Chrislip seconded the motion. Marr stated the discussion will be based on the information Allen has already received in the applications. Huddleston stated he would like to have information from the applicants if they have a conservation plan. Allen stated Resolution 2004-14, Section 3F allows for the Governing Body to request additional information to be provided. Griffith asked if the Governing Body has the authority to reduce the amount of the abatement from the requested amount. Allen said yes.
Motion carried with Rawlings opposing.
654 Santa Fe: Council considered approval of a resolution scheduling a public hearing at 7:30 pm on January 19, 2009, to take input to determine whether a garage located at 654 Santa Fe should be declared an unsafe and dangerous structure and ordered demolished. Dan Allen stated that Ken Schnake came into his office tonight and said that he plans to tear the structure down, but that it would probably not be completed within the 30 days. Keefer stated that if Council approved the resolution to schedule a public hearing, the Council could choose to extend the time frame. Marr made a motion to approve Resolution 2008-29 scheduling a public hearing at 7:30 pm on January 19, 2009, to take input to determine whether a garage located at 654 Santa Fe should be declared an unsafe and dangerous structure and ordered demolished. Wallace seconded the motion. Motion carried without opposition.
Classification and Pay Plan: Council considered approval of a Resolution establishing the 2009 Classification and Pay Plan for City Employees. Marr asked if in the event there is a human resource person considered where they would fit into the classification. Keefer stated they would be a grade 80. Marr inquired about the additions since last year. JJ Allen stated that the additions were for a human resource manager at a grade 80 and a lead sanitation technician at a grade 40. Chrislip made a motion to approve Resolution 2008-30 establishing the 2009 Classification and Pay Plan for City Employees. Leffler seconded the motion. Motion carried without opposition.
Bids: Council considered bids for site grade work as part of street improvements for Belmont Place 3rd Addition. Wallace made a motion to approve the low bid from Mies Construction in the amount of $41,833.10. Chrislip seconded the motion. Griffith asked why there is such a variance between the engineer’s estimate and the contractor’s bids. Goedecke stated that sometimes contractors will account for things in their bids differently than he does. He stated that the engineer’s estimate might be high on one item but because the contractor accounts for that expense somewhere else, his estimate would be lower on that item. Griffith asked for confirmation that there is no way they could come back with change orders to change the amounts they bid. Goedecke stated that if we end up adding more units, then we would have to pay for those. Goedecke stated an example would be the rock excavating. Griffith asked if they should look at the total then, not the individual items listed on the bid. Goedecke stated if they want to add things up for a total, that is correct. Wallace asked why Moore Engineering Services, Inc. bid twice as much as the others. Goedecke stated another company wanted to bid but didn’t have bond authority, so Moore Engineering Services gave a bid and would act as general contractor for the other company. Motion carried without opposition.
Amend Budget: Leffler made a motion to schedule a public hearing for December 15, 2009 to amend various funds in the 2008 budget. Chrislip seconded the motion. Motion carried without opposition.
Griffith asked if staff was not aware of the service charge that UMB charged. Jones stated that UMB informed her the fee should have been charged from the date the account was open, and that once they discovered we weren’t being charged they started charging us. Jones stated that what probably occurred was when we opened the account they agreed to waive those charges, but since it wasn’t disclosed on the agreement when the account was first opened that they wouldn’t charge us they have the authority to do so. However, Jones stated that they also did not properly disclose to staff that they were going to begin charging the service charge. Jones stated the account has since been closed and moved to another bank, but those fees were not budgeted and will not be refunded by UMB Bank.
Web Site: Council considered bid proposals for the development of a website for the City of Augusta. Williams asked if all of the companies provide the same services, including photography for example. Jones stated that most of the companies included three pictures on the main page. Williams asked if they would take the photos. Jones stated that Infinitec would not provide photos and she was unsure about Civic Plus, but that both Barrett Morgan and NetSystems would take the photos. Allen stated he remembers specifically that NetSystems would include a few photos.
Williams asked if the mock site included extra things that would enhance the website appearance, such as wallpaper and other interesting aspects. Jones stated a lot of that was included in the proposal. Jones stated that for the purpose of pricing, we specified a certain number of pages, links to other sites, emails, and a scrolling message so we could ensure we were comparing the same types and amounts of things. Williams asked if any of the companies would allow you to work with them on a creative level. Jones said yes. Williams stated that some of the sample sites provided were very basic. Jones stated Infinitec uses a basic template, but the other three companies stated they would work with us on the design of the site and that cost was included in the proposals.
Huddleston stated NetSystems said training was included, but the narrative says “some” training included. Jones stated they will train five staff members, but any additional staff members or training at a later date would be an additional cost. Huddleston asked if NetSystems has a guaranteed timeframe that they will have this up and running by. Jones stated none of the proposals included a timeframe except for CivicPlus who estimated a 22 week timeframe. Huddleston asked when we would have to pay for the website. Jones stated that had not been discussed in depth. Huddleston stated he does not want to get into a situation where we have advanced money for this and the product is never produced. Keefer stated that would have to be negotiated and regardless of who is chosen, he would ask Jones to secure a contract that would include a timetable and payment schedule. Huddleston asked if we could request if money is advanced and they have not completed the project by the timeframe provided then the money is refundable. Keefer stated we could ask, but he didn’t know if they would agree to include that.
Jones reminded the Council that the prices given in the proposal are based on the mock site and that the actual cost may vary based on the scope of the design. Huddleston stated $7,000 was budgeted for this and NetSystems is well within that amount.
Williams stated Infinitec and NetSystems’ example sites were very basic and Barrett Morgan examples include a lot of embellishments. Jones agreed and stated she asked NetSystems about that and they assured her they could design a site based on our needs and preferences.
Williams asked where NetSystems is based out of. Jones stated Wichita. Williams asked about NetSystems’ experience with municipalities. Jones stated both NetSystems and Barrett Morgan have no experience with municipalities and CivicPlus has extensive experience with municipalities. Jones stated Infinitec has some experience with municipalities and they provide municipal software as well. Williams asked how long NetSystems has been in operation. Jones stated they have been in operation since 1995. Allen stated NetSystems serves as an IT contractor for several small companies. Website design is just one of the services they offer, so they have a lot of support staff to assist with these types of things.
Wallace made a motion to appoint NetSystems as the developer of a website for the City of Augusta. Rawlings seconded the motion. Huddleston asked if streaming video could be included on the site. Jones stated she could ask what the cost associated with that would be. Huddleston stated that some of the progressive communities in northeast Kansas air their council meetings on their websites. Motion carried without opposition.
Transient Guest Tax: Chrislip made a motion to approve Resolution 2008-31 increasing the transient guest tax for the Convention and Tourism Bureau from 3% to 5%. Wallace seconded the motion. Motion carried with Rawlings opposing.
Informational Memorandum & Questions:
Marr – Marr stated that the monthly summary reports that council received showed that we issued a permit for the Neighborhood Revitalization program, but that item #1 on the informational memorandum says that we have not. Keefer stated that he checked with staff on this and applications for the program have been picked up, but that no permits have been issued. Huddleston stated he thinks the problem with the program is the County. Huddleston stated the program is coming up for review this spring and that the County is not following the guidelines of the program.
Wallace – Wallace stated that in regard to the Augusta Gazette holding their annual drawings for HO HO Bucks before the December 15th meeting on channel 7, he thinks it is wrong for a private business to have use of channel 7 for this purpose. Williams asked how long this has been allowed. Keefer stated for a long time. Huddleston stated a policy was just passed and asked if this falls into the guidelines set by that policy. Jones read the policy to the Council. Wallace made a motion not to allow the Augusta Gazette to air their annual drawings for HO HO Bucks on channel 7 before the December 15th meeting. Chrislip stated we have always allowed this in the past. Wallace stated we passed a policy and according to the policy this should not be allowed. The motion died for lack of a second.
Griffith made a motion to allow the Augusta Gazette to air their annual drawings for HO HO Bucks on channel 7 before the December 15th meeting. Leffler seconded the motion. Motion carried with Wallace and Huddleston opposing.
Marr – Marr asked if everyone agrees about the items staff should be looking at for the proposed RV Ordinance regarding the clarification of parking versus storage and the definition of hard surfaces. Chrislip stated it needs to specifically be stated that they are not allowed to park any part of it in the city’s right of way.
Harper – Harper asked if the entities requesting abatement are required to attend the special meeting on December 15th. Williams stated that they can come, but not participate.
Marr – Marr stated the Library report says that they will be following up with the City Manager on the drop box and railings. Keefer stated he has had several discussions with the Library Director and Board about some physical repairs and that there is some funding available in the capital improvement fund. Marr asked if the railings were a safety issue. Keefer stated they are not, that they primarily need to be painted.
Final Comments:
Williams – Williams stated she has received a lot of comments about the City funding a sign for Emily Deaver, Miss Kansas. Williams stated Lakepoint and Kerry Unrein will be donating a sign west of the city limits on the south side of Highway 54 where the Lakepoint billboard is currently. Marr stated he would like to compliment Lakepoint again on their support and corporate citizenship for the community.
Williams thanked Goedecke for the update on the north Ohio chip seal. Williams stated she and Huddleston attended a Municipal Airport meeting last week. Williams stated Augusta received $195,000 in tax credits through E-Community for entrepreneurs in our community. Williams stated she and Chamber Executive Director Sharon Sudduth will be taking an Industrial business tour on December 11th. Williams reminded the Council of the DVD the Kansas Museum of Military History provided this evening. Williams thanked staff for providing the memo with the history of the Hanna property.
Griffith – Griffith stated the second street light from Ohio on David Street goes on and off all night. Rawlings stated it needs a new bulb.
Williams – Williams stated she continues to receive requests about extending the compost hours. Keefer stated that it is still open on Saturdays, but the last Wednesday it was open was the Wednesday before Thanksgiving. Keefer stated he would like to remind everyone that they can take compost items to the County dump seven days a week at no charge. Marr stated that channel 7 still has the standard hours posted. Marr stated there is also a misunderstanding if city offices are closed on Thursday and Friday, whether the compost site will be open on that Saturday. Keefer stated he would check on that.
Huddleston – Huddleston stated there is a water leak at 6th Ave. and Santa Fe. Keefer stated it is a two inch service line that is leaking, and it is scheduled to be repaired before the week is out. Huddleston stated the equipment has been cleared out under the overpass and they have been cleaning up, but there is still sand there. Keefer stated he has spoken to the contractor and they have promised it will be cleaned up to our expectations.
Huddleston stated the road backing up to Lehr’s motel where the trailer homes are floods when it rains. Keefer stated he would look into that.
Marr – Marr stated he received a request for road repair to the alley behind the 900 block of State Street. Marr stated there are mud puddles and dips along the alley.
Adjourn: At 9:35 p.m. Marr made a motion to adjourn. Wallace seconded the motion. Motion carried without opposition.
|
.jpg)
