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CITY COUNCIL
SEPTEMBER 15, 2008
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on September 15, 2008, with Mayor Kristey Williams presiding. Council present were Holly Harper, Douglas Marr, Michael Huddleston, Tom Leffler, Mike Rawlings, and Robert Griffith. Council members Michael Wallace and Roger Chrislip were absent. Also present: City Manager Bill Keefer, Assistant City Manager JJ Allen, City Attorney David All, City Inspector Dan Allen, and City Clerk Erica Jones. Visitors present were: Michael McDermott, Sharon Sudduth, Diana Herrman, Kim Sudduth, Tony Sudduth, David Watts, DeAnne Triboulet, and Allan Milbradt.
Prayer: Pastor Penny Goldberg, First Christian Church gave the invocation.
Minutes: Marr made a motion to approve the Minutes of the September 2, 2008 council meeting. Harper seconded the motion. Motion carried without opposition.
Appropriations:
September (9): Council considered appropriations in the amount of $238,811.88. Huddleston inquired about the payment to the Court of Tax Appeals that was charged to the Street Department. Jones stated that it was for the property tax exemption application for the public works property by the Street Department. Jones stated that it was paid out of the Street Department budget. Huddleston inquired about the payment to Goedecke. Keefer stated that approximately $15,000 of the bill was related to obtaining the legal descriptions for the levee project. Huddleston inquired about the payment to Synergistic. Allen stated that it was for the replacement of the battery backup at the Water Plant. Marr made a motion to approve Ordinance 9 in the amount of $238,811.88. Harper seconded the motion. Motion carried without opposition.
New Business:
Public Hearing: Council conducted a Public Hearing to take input on the property located at 606 E 12th Street to determine whether this structure is considered unsafe and dangerous. After no input being received, the public hearing was closed.
Council considered approval of a Resolution declaring the structure at 606 E 12th Street an unsafe and dangerous structure and directing that the structure be repaired or demolished. Keefer stated that the City will probably end up being responsible for the cost to demolish the structure, and that those costs will be added to the tax rolls. Griffith inquired if the City would continue to be responsible for maintaining the property. Keefer stated that we would be until the property is sold in a tax sale. Huddleston asked if the taxes are delinquent. Dan Allen stated that they are. Griffith made a motion to approve Resolution 2008-20 declaring the structure at 606 E 12th Street an unsafe and dangerous structure and directing that the structure be repaired or demolished. Harper seconded the motion. Motion carried without opposition.
Rawlings asked Staff to call the County to find out where this property is in the tax sale process to make sure the sale does not occur before the City can apply these costs to the tax rolls. Keefer stated that he would have Dan Allen check that out.
Charter Ordinance: Council considered approval of a Charter Ordinance that would authorize the City Council to increase the Transient Guest Tax from a maximum of 3% to 5% and increase the membership of the board from 7 to 9 members. Sharon Sudduth, Executive Director of the Augusta Chamber of Commerce, spoke to the need for increasing the guest tax. Sudduth stated that a 5% guest tax would be more in line with what other Butler County Communities charge. Sudduth stated that the request to increase the number of board members is to help with more consistent attendance and allow for a quorum to be present if some members are absent.
Griffith asked if there has been any opposition from the hotels. Sudduth stated that they are not very excited about the increase, but they understand why it is being requested. Williams stated that the increase would amount to an additional $0.90 on the average cost of a $45 hotel stay in Augusta and could generate an additional $8,000 per year. Sudduth stated that the guest tax is something people expect to pay and that increasing the tax amount will not take away from the community, but rather give more funding so additional efforts can be made to promote the community.
Huddleston stated that out of the current year’s $13,000 budget, only 26% has been expended. Huddleston asked what they would expect to use the additional funds for. Sudduth explained that the CTB has not yet paid the Chamber for the first half of this year’s contract. Sudduth stated that there is a CTB grant out for $1,000. Sudduth stated that there will be additional expenses forthcoming for attending the home show and purchasing promotional items along with the second half of this year’s contract payment from the City to the Chamber. Huddleston stated that he would like to have an annual report from the CTB on what they have done. Sudduth stated that she has provided that in the past and will continue to do so.
Leffler stated that the two members that will be added will be at large. Sudduth agreed and stated that she would like to find someone that owns a business that has an interest in tourism. Griffith made a motion to approve Charter Ordinance 13 authorizing the City Council to increase the Transient Guest Tax from a maximum of 3% to 5% and increase the membership of the board from 7 to 9 members. Marr seconded the motion. Motion carried without opposition.
Cereal Malt Beverage: Griffith made a motion to approve a Cereal Malt Beverage license for Brick’s Inc. for a restaurant/bar at 409 State Street. Marr seconded the motion. Motion carried with Rawlings opposing.
Work Session: Harper made a motion to reschedule the work session with AMEC to review and discuss the preliminary report for the Walnut River Levee Certification for 7 p.m. Monday, September 29th at City Hall. Leffler seconded the motion. Motion carried without opposition.
Harper made a motion to schedule a work session to review and discuss the Vision Statement for Monday, October 6th at 6:30 p.m. here at City Hall. Leffler seconded the motion. Motion carried with Rawlings opposing. Williams asked if Rawlings is opposed to a Vision and Rawlings stated that he is opposed to the continuous scheduling of work sessions.
Finance Advisor: Council appointed Leffler to assist Staff in the review of proposals for the City’s Finance Advisor.
Informational Memorandum & Questions:
Williams – Williams gave a special thanks to everyone for all of their work last week with the water and flooding issues.
Huddleston – Huddleston asked if the large fuel adjustment is a one time situation. Keefer stated that he hopes it is. Keefer stated that there was a really high peak demand at the first part of August and that the costs associated with producing power have been so expensive this summer. Keefer stated that we are starting to see those costs, but that he hopes those are going down.
Marr – Marr thanked staff for providing the information on new homes. Marr referenced the Model Deed Restriction program requirements and that anything built there has to be above the required flood plain level. Marr asked if we know what that elevation is. Rawlings stated that we could look at Mr. Pittman’s house as a good reference; his floor is one foot above the minimum flood plain. Keefer stated that it has to be one foot above flood elevation and in essence we are not really going to allow anything to be built out there because that is why we got the funds to purchase those properties. Rawlings stated that from what he saw last weekend, he would tell you that whatever is built out there would have to be very solid or it would have been gone. Rawlings stated that there was four to five feet of running water across several of the lots where those houses had been and was pretty deep in some spots.
Marr stated that in the August 25th County Commissioner minutes, Waldorf stated that someone misinterpreted his comments and that he wanted to clarify that the City of Augusta is open to the idea of a shared sales tax. Griffith stated that they said they did not think it would pass if they did not share it with the communities involved. Keefer stated that he met with Waldorf and talked about a whole lot of different issues. Keefer stated that the County has looked at a county-wide sales tax in the past on several different occasions, but that now they are looking at a means to fund the new 800 MHz radio communications system. Keefer stated that he told Waldorf that he could not speak for the Governing Body or for the community but that the only thing he thought that would make it more plausible is if part of that one cent would come back to the cities to support capital improvements or to reduce the mil levy. Keefer stated that the comment was made to him that he allegedly said that in a public meeting, and Waldorf wanted to clarify that. Keefer stated that it is the Governing Body’s decision on whether or not to support it and then ultimately the decision of the voters of the City and County. Keefer stated that the City of Wichita is looking at a one cent sales tax to offset property taxes, which would bring their local sales tax to two cents.
Griffith asked if Keefer has had any response from Will Johnson regarding the lease on the Safety Building. Keefer stated that he did ask Waldorf about this and discussed our concerns that we will be making lease payments for twenty years and have nothing to show for it in the end. Keefer stated that he voiced concern about being told that debt would not be issued to pay for the building, but that even though it was originally paid out of capital improvement funds debt was later issued for capital improvements. Keefer stated that the concern is that our citizens are paying for the building twice by paying for the lease and for the debt that was issued by the County. Keefer stated that the conversation was about the long term ownership of the building or the lowering of the annual lease payments. Keefer stated that he is waiting to hear back from the County on this.
Rawlings – Rawlings referenced the proposed ordinance regulating the parking of recreational vehicles in the public ROW and the limiting of temporary lodging to thirty days. Rawlings asked if this applies to RV parks. Dan Allen stated that those are the general regulations and that it limits the time frame you can park an RV in the ROW or setback in front of your home. Allen stated that it does not apply to RV parks. Huddleston asked if it would apply to side yards or back yards. Allen stated that it does not. Keefer clarified and stated that it does not unless it is in the ROW. Rawlings stated that item 6 stated that it would be allowed in the side yard or back yard. Keefer stated that some RV’s parked in the side yards could be affected if they are on a street corner and parked in the ROW. Rawlings stated that he just wanted to clarify that it is not for areas set aside as RV parking. Keefer agreed.
Huddleston stated that the ordinance references “major” recreational equipment and asked how that is determined. JJ Allen stated the ordinance lists equipment such as boats, camping and house trailers.
Huddleston stated that there was an issue four or five years ago on High Street with a resident that did not have air-conditioning in their home that slept in their air-conditioned camper at night. Huddleston stated that they were told that they were not allowed to live in the camper. Dan Allen stated that this ordinance only deals with the parking of recreational equipment in the ROW. Dan Allen stated that there are other ordinances that address living in campers. JJ Allen stated that as this ordinance reads, you cannot live in a camper more than thirty days. Huddleston asked if sleeping in it constitutes living in it. Mr. All stated that if it is used in any part of residence, then that would constitute living in it.
Marr – Marr referenced an item on the Director of Public Safety’s report stating that the Safety Department will monitor traffic around the lake and asked if that includes the north and west sides. Keefer stated that it did. Marr stated that the report also referred to new signage. Keefer stated that there is some new signage. Keefer also stated that the concern is not just about speeding, but also four-wheeling and other things.
Final Comments:
Huddleston – Huddleston stated that he had an opportunity this weekend to look at the intersection of 12th and Dearborn and that they are almost ready to asphalt. Huddleston stated that he spoke to some of the residents in the area and that they are concerned that a smoother intersection will encourage people to speed more than they already are. Huddleston stated that we may need to look at that after the project is done. Keefer agreed and stated that we will give it a little time to see how it plays out and if there is an ongoing issue there then we will need to address it.
Huddleston asked staff about the County’s viewpoint of the Neighborhood Revitalization Program and those applications that they were rejecting for not meeting the requirements. Keefer stated that in our plan there are provisions requiring a minimum investment of 10% or $5,000 based on the market value of the property to receive the tax rebate. Keefer stated that the appraisers have looked at the application document and it contradicts our plan, referring to an increase in the property value. Keefer stated that he has spoken with Mark Detter at the County and he is researching this to see if it has been applied incorrectly. Huddleston stated that many of the applicants that were not approved did not receive notification. Keefer agreed and stated that the County notified the City, but not the applicants. Keefer stated that he asked Detter about that too. Huddleston asked if the City would let the applicants know. Keefer stated that he will follow up with Detter to make sure they have all been notified.
Marr – Marr stated that he approves of the proposed application form for Special Alcohol Grants. Marr thanked Staff for repairing the large pothole at 7th and State. Marr inquired about the water repairs at 242 Broadway. Keefer stated that it is on the list with several others. Keefer stated that we will be splitting up the crews to address these problems, along with personnel from other departments, and then get them back to the work on State Street. Marr stated that we need to start looking at a maintenance plan for the downtown as we go forward with the project.
Williams – Williams stated that she really appreciates the Council agreeing to discuss the Vision. Williams stated that it will allow us to plan for the future and that hundreds of Augustans came together over the course of one year to draft the Vision. Williams stated that it was a collaboration between the City, Chamber, API, DAI, and citizens.
Williams stated that Augusta is an E-Community grant finalist. Williams stated that through API the City may have the availability of approximately $132,000 to be used for entrepreneurs. Williams gave a special thanks to those who helped with the grant writing and that all involved with API will be invited to attend the interview with Network Kansas on September 24th at noon at the Chamber of Commerce office.
Williams reminded everyone that she will be at city hall on Tuesdays and Thursdays from 9 a.m. to 11 a.m.
Griffith – Griffith stated that there has been a trailer parked in the Playpark area for a couple of days. Keefer stated that he will check into that.
Adjourn: At 8:20 p.m. Rawlings made a motion to adjourn. Harper seconded the motion. Motion carried without opposition.
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