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CITY COUNCIL
SEPTEMBER 2, 2008
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on September 2, 2008, with Mayor Kristey Williams presiding. Council present were Holly Harper, Douglas Marr, Michael Huddleston, Tom Leffler, Robert Griffith, and Roger Chrislip. Councilmember Michael Wallace was absent. Also present: City Manager Bill Keefer, Assistant City Manager JJ Allen, City Attorney David All, City Inspector Dan Allen, Environmental Code Inspector Jay Harrison, and City Clerk Erica Jones. Visitors present were: Michael McDermott, Martin Goedecke, Eric Christinat, Dan Rice, Mike Meade, Daryl Brown, and Mr. and Mrs. David Scharff.
Prayer: Pastor Penny Goldberg, First Christian Church gave the invocation.
Minutes: Chrislip made a motion to approve the Minutes of the August 18, 2008 council meeting. Harper seconded the motion. Marr wanted to clarify that his motion to approve the Supporting Data Sheet for Estimate of Engineering Fees in the amount of $129,999.95 was a not to exceed amount. Motion carried without opposition.
Appropriations:
August (8A): Council considered appropriations in the amount of $1,586,878.36. Huddleston inquired about the description of “C/C” on the payment to Quadis Technologies. Jones stated that it stands for City Clerk. Huddleston inquired about the payment to Thomas Conrad. JJ Allen stated that Conrad was a former tenant with a large credit on his fuel account. This was a refund of that credit. Huddleston inquired about the payment to “Will Wright and” for Lifeguard Certification Reimbursement. Jones stated that it was for the reimbursement of Lifeguard Certification and that some of those reimbursements were made to the Lifeguard and their parents depending on who originally paid for the certification. Marr asked if the payment to APAC for street maintenance came out of sales tax funds. Keefer stated that it did. Marr asked if that was for work that had already been contracted. Keefer stated that it was. Griffith stated that the payment to Cami Baker seemed excessive. Keefer stated that it was for six or eight cases and that some of them dated back to the 2007 rates. Huddleston asked if it would be proper to inquire about how many of those older cases are out there. Keefer stated that he could ask the Court Clerk, but that he was not aware of any outstanding cases that date back prior to the agreement with Cami Baker. Griffith made a motion to approve Ordinance 8A in the amount of $1,586,878.36. Huddleston seconded the motion. Motion carried without opposition.
New Business:
Public Hearing: Council conducted a Public Hearing to take input on whether the lot located at 416 W 7th Street should be declared a blighted property. Daryl Brown, owner of the property, addressed the Council. Brown stated that he has lived in Augusta and been in business here since 1969. Brown stated that every time he has been approached by the City they have referred to this as residential property and that it is not nor has it ever been residential property. Brown stated that he pays commercial property taxes on the property. Brown admitted that due to his health, he didn’t keep the grass down. Brown stated that he owns two or three of the vehicles, but that the rest were impounds from the City or County. Brown stated that he has never received anything that would allow him to get rid of those vehicles, but that he is now working on removing them. Brown stated that he has a semi that will take a little work to remove.
Brown stated that he is leaving town and that he objects to this action because the City is the cause of him having those cars on his property. Brown stated that residential law does not apply to commercial property, and asked if this is commercial property then why can’t he do business on the property. Williams stated that the issue of whether the property is zoned commercial or residential doesn’t take away for the issue at hand, which is whether or not this is a blighted property. David All stated that the City has an ordinance to protect the City against blighted area whether it is residential or commercial. Mr. All stated that blight is like pornography, you know it when you see it. Williams stated that the concern of the City Inspector is that this area is a fire hazard and that he has received a number of complaints from other property owners. Williams stated that she is aware that Brown is making progress, but that the Council needs to make sure the work is completed. Dan Allen stated that the area is zoned commercial, but that it is not zoned for inoperable, junked, dismantled, untagged or unlicensed vehicles. Allen stated that the property would have to be zoned as Industrial in order for that to be acceptable. Allen stated that there was an error in the first notice published in the paper, as it listed it as residential instead of commercial, but that it was corrected for the second notice. Allen also stated that Brown has done a good job of cleaning up the property so far.
Williams asked if Brown would be able to remove the inoperable vehicles in the next thirty days. Brown stated that he would need sixty days in order to remove the semi. Williams asked what Browns plans are for maintaining the property. Brown stated that he will be selling the property. Brown asked if it is his property why can he not store what he chooses to on his property.
Huddleston asked who owns the impounded vehicles. Keefer stated that when the City calls for an impound, the business that picks them up does it by choice. Keefer stated that at one point we received a call from Mr. Brown that he was not being called by the City to pick up impounds. Keefer stated that there is an incentive for picking up the impounds because they can bill for towing fees and storage fees and that at some point the vehicle can be sold if it is not claimed. Brown stated that it costs about $60 to obtain the title so he could sell the vehicle. Keefer stated that was the risk of accepting impounds. Huddleston asked if the vehicles are Brown’s responsibility or the owner’s responsibility for removing them from the property. Keefer stated that it is Brown’s responsibility. Brown stated that he understands that the City is now going out of town for a wrecker service. Keefer stated that is not part of the issue at hand.
Williams stated that her concern is that Brown has been contacted about this property since 2001 and it is now seven years later and the Council is now following through with it. Williams asked why the Council should consider allowing for an additional thirty days to allow a total of sixty days for cleanup of the property. Brown stated that he would need that time to make the semi sturdy enough to pull it out of there. Brown stated that he would like at least sixty days and clarification on what can be done on the commercial lot. Keefer stated that Dan Allen could provide that information to Brown. Williams closed the public hearing.
Williams asked Dan Allen if he would recommend an additional thirty days. Allen stated that he would. Keefer stated that he would request that Brown keep the property mowed during the duration of the sixty days.
David Scharff, owner of Auto Shop, asked the Council if Brown cannot store cars on his property then does that mean that Scharff cannot store cars on his property. Allen stated that if Scharff is repairing the cars that is one thing. Allen stated that the ordinance states that you cannot store inoperable, junked, untagged, unlicensed, or dismantled cars on a commercial property. Williams stated that these are good questions and that the current ordinance addresses those questions. Williams recommended that Scharff discuss his questions with staff, specifically Dan Allen. Scharff asked if there is a farmer with a non-highway title on his vehicle, since it would not be tagged would he be required to tell him he could not repair the vehicle. Williams stated that there are common sense answers to his questions and again recommended that he discuss those with staff. Chrislip stated that in an industrial zoned lot you can store inoperable, junked, unlicensed, untagged, and dismantled vehicles but that you cannot in a commercially zoned property. Williams stated that you cannot have an Auto Salvage business on a commercially zoned lot.
Chrislip made a motion to approve Resolution 2008-19 declaring 416 W 7th Street as a blighted property and ordering its cleanup within sixty days and that the property must continue to be mowed during that time. Rawlings seconded the motion. Motion carried without opposition.
Marr asked that staff provide information on the zoning and acceptable uses for the zoning area to Brown, Scharff, and the Council.
Lease Agreement: Council considered a lease agreement with South Central Kansas Mental Health Center for the use of Public Right-of-Way for their parking lot. Keefer stated that it was discovered that technically Butler County owns this property because of the debt that was issued to build it. Keefer stated that we really need a three party agreement and recommended the Council table the issue at this time. Keefer also stated that Huddleston had recommended a provision that would allow for the renegotiation of the contract if the property were sold. Rawlings made a motion to table this issue. Harper seconded the motion.
Huddleston stated that the provision should not only address if it is sold, but if they vacate the building we have the option to renegotiate. Marr asked if they will have adequate parking if we do not approve this. Dan Allen stated that they would have to reconfigure their parking lot and the spaces would only allow for small compact cars. Keefer stated that they would lose parking spaces and not meet the parking code. Huddleston asked if they shouldn’t have looked at that before they built. Allen stated that the building was built too close to the road and that he does not inspect the construction of parking lots.
Motion carried with Marr opposing.
Keefer stated that staff will go back and request that their attorney prepare a three party agreement and include provisions to address Huddleston’s concerns. Marr stated that we have a building sitting in a spot and if the property is sold another business is going to have the same issues. Keefer stated that he needs direction from the Council about whether or not to include provisions in the agreement. Rawlings stated that the building will still be in its current location regardless of the owner. Rawlings further stated that if the building comes down then it is not an issue. The consensus from the Council was not to include provisions in the agreement regarding the sale of the property.
Uniform Public Offense Code: Council considered an Ordinance amending Section 6.8 of the Uniform Public Offense Code to include provisions defining and prohibiting littering. Marr inquired about the basis for this ordinance to be drafted. Mr. All stated that the problem with the Uniform Public Offense Code is that there are two State Statutes that may contradict each other. Mr. All stated that this is the City ordinance that would allow us to charge someone for littering, and that the wording from this ordinance came from one of those State Statutes. Harper made a motion to approve Ordinance 1971 amending Section 6.8 of the Uniform Public Offense Code to include provisions defining and prohibiting littering. Marr seconded the motion. Motion carried without opposition.
Huddleston stated that upon further review of the Uniform Public Offense Code that was approved by the Council at the previous meeting, he found several items of concern that he would like to visit with Staff further on.
Change Order: Council considered approval of Change Order #1 for the Downtown Streetscape Project. Marr asked how he could be assured that the $54,000 for the fountain is still preserved. Goedecke stated that he received a letter from the Contractor stating that he will honor the original bid for the fountain of $145,000 until January 15, 2009. Marr stated that the detail on the July 22nd memo is without the fountain included in the project. Goedecke agreed and stated that after the original bid he came back with recommendations to increase the estimate so the bid could be accepted. The fountain was listed as an add alternate at that time.
Chrislip made a motion to approve Change Order #1 for the Downtown Streetscape Project. Marr seconded the motion. Motion carried with Rawlings abstaining due to conflict of interest.
Marr stated that he is disturbed by the tone of the information provided tonight. Marr stated that what he’s heard from the public is that we have to have the fountain. Marr asked what we need to do to make that happen. Keefer stated that the directive from the Council was that this would be reviewed in December to determine if there are funds available to pay for the fountain. Marr stated that we have to have that information prior to December. Leffler stated that the Council agreed that if the funds are there in December then we will include the fountain in the project, but that if funds are not available then we will not. Williams stated that the door is open and that there is still hope. Keefer stated that if the funds are there then he will be the first to recommend that we move forward with the fountain.
Marr stated that we need to understand what sales tax funds are or are not committed. Marr stated that there isn’t any street that cannot be fixed next year, but that if the fountain is not included in this year then it never will be. Keefer stated that the goal is to find every way we can to make it happen. Rawlings stated that he is a downtown business owner and he has yet to hear from anyone in favor of the fountain. Marr stated then that is the downtown business’s challenge to let us know if they are in favor of the fountain. Huddleston asked when the construction will start. Goedecke stated that it will start around the 1st of October.
Augusta Housing Authority: Marr made a motion to approve the appointment of Dorothy Ware to the Augusta Housing Authority to fill an unexpired term. Harper seconded the motion. Motion carried without opposition.
Voting Delegates: Council considered appointing the City’s voting delegates and alternates to the annual League of Kansas Municipalities Conference. Marr made a motion to approve Williams, Leffler, and Wallace as the City’s voting delegates and Huddleston, JJ Allen, and Erica Jones as alternates at the League of Kansas Municipalities Conference. Chrislip seconded the motion. Motion carried without opposition.
Informational Memorandum & Questions:
Chrislip – Chrislip asked if we would be able to handle providing water to the new casino in Mulvane. Keefer stated that he has voiced his concerns to the City of Mulvane, but that they do not have a lot of answers. Keefer stated that they will be doing a study. Keefer stated that there are a lot of different rumors and that he commented on some of those when he spoke to them . Keefer stated that there are a lot of lawsuits out there and those will have to be addressed before they move forward. Chrislip stated that it could take some time. Keefer agreed and stated that according to our contract with the City of Mulvane, he firmly believes we will be responsible for providing water to the facility. Keefer stated if repairs are made to the Frontier waterline, we would be in a position to re-negotiate our contract. Keefer stated that he will keep the Council up to date. Marr asked staff to provide information and numbers on what it would take to be able to provide that kind of volume of water to Mulvane. Keefer stated that it would depend on several factors.
Huddleston – Huddleston stated that he saw that there is a date set to review the codification. Keefer stated that the date has not yet been set. Keefer stated that there will be an ordinance presented at the next Council meeting to amend the animal control section and that staff is working on compiling their recommended changes and forwarding it to the League for final draft to be prepared. Keefer stated that once that final draft is prepared and reviewed, then a work session will be scheduled with the Governing Body and League Attorney for an update of the changes. Keefer stated that Jones knows this is a priority.
Marr – Marr stated that the survey DAI sent to business and property owner’s downtown requesting information on a parking plan was a good idea. Marr stated that he has not seen what the design committee’s plans are for signage and that he would like that information included in a future informational memorandum. Goedecke stated that information on signage was included in the design specs and that they were pretty standard. Goedecke stated that he would provide that information to the Council.
Marr thanked staff for the permit reports and stated that there has been significant growth. Marr stated that the remodeling permits indicate that ¾ of the permits are for roofing.
Marr asked staff to provide further clarification regarding the restrictions for the flood buyout area, specifically item #3 in the informational memorandum and the definition of being compatible with open space, recreational, or wetlands management and who makes that determination.
Marr asked what we pay for inmate keep. Keefer stated that he believes it is $30 a day. Marr stated that the Butler County Commissioner minutes mentioned the County approving a proposed recycling plan for Butler County. Keefer stated that he has a draft of the plan and is waiting for them to contact us to schedule a work session.
Final Comments:
Huddleston – Huddleston stated that at a previous meeting he had inquired about the completion schedule for the work being done by the gas company and was told two to three weeks, but that it has been two or three weeks and they don’t look like they are close to being completed. Dan Allen stated that he has been visiting with the gas company and that he is working on scheduling a walk through with them in the next few weeks. Allen stated that any business or property owners with concerns about issues that need to be fixed or corrected should send him their questions or concerns so he can address them with the contractor.
Huddleston mentioned the residential parking downtown and asked if the City is still sweeping the streets downtown. Keefer stated that he was not sure but that he would look into it. Mr. All stated that the officers are still writing tickets for people parking on the streets on sweeping nights.
Marr – Marr referenced the sign placement in the minutes and stated that the sign is actually 12 feet wide and 6 feet tall, not 12 feet tall and 6 feet wide as mentioned in the minutes. Marr inquired about the placement of the sign. Keefer stated that he followed up with the State and they said that either side would work as long as we met the required set back of 18 feet. Keefer stated that staff is still researching the history of the current sign and that anyone aware of the history can call him. Mr. All stated that Senator Gaines was responsible for the signage being placed there after the overpass was completed.
Marr inquired about the current story on asphalt. Goedecke stated that last week APAC said that there is more available now and it is starting to free up more. Goedecke stated that they think they will be able to complete the scheduled 2008 street repairs.
Marr stated that he read in the Builders Digest about sprinkler codes and requiring them to be included in residential codes. Marr stated that the Wichita Area Builder’s Associate is trying to fight that and asked if City staff is involved in these groups or discussions. Dan Allen stated that staff is not involved in that process, but that the builders are confident that this will not pass.
Marr stated that it was mentioned earlier in the meeting about the City going out of town for towing services. Keefer stated that staff is trying to come up with a plan on how to handle inoperable or abandoned vehicles. Keefer stated that Dan Allen has spoken to the Wichita Code Enforcement to see how they handle it and they have a towing company that comes in and takes care of all of that. Keefer stated that they have indicated that if there is not a local company interested then they would be willing to handle those for us and take on the liability. Keefer also stated that the City of Wichita has an impound yard and will from time to time hold auctions to auction off the vehicles that are not claimed. Keefer stated that staff is still working on this and are getting closer to a solution.
Marr asked staff to include a current copy of the blighted property code in the next informational memorandum.
Williams – Williams asked about the status of the website. Jones stated that she has not had an opportunity to work on this over the last couple of weeks.
Williams stated the first joint meeting between the Council and School Board was held and that they discussed building schedules, inspections, and the importance of those continued meetings. Williams stated if anyone had anything to add as a topic of discussion to let her know and she would continue to keep the Council updated on these meetings.
Griffith – Griffith inquired about the property next to Daryl Brown’s property and asked if they exceed the number of vehicles that they are allowed to have. Dan Allen stated that they have moved some of those vehicles out. Allen stated that he needs to speak to Mr. All about if the City can go into a fenced yard and how to determine whether or not the vehicles are operable or inoperable. Griffith stated that property looks worse than Brown’s property. Griffith asked if staff has spoken to this guy before and if there is anything we can do about it. Allen stated that he has spoken to Scharff and that he is working to see what can be done.
Rawlings – Rawlings inquired about the status of the City Dump cleanup that KDHE mandated. Keefer stated that the project had been completed and that we are waiting for the second half of the reimbursement for the project.
Adjourn: At 9:05 p.m. Rawlings made a motion to adjourn. Griffith seconded the motion. Motion carried without opposition.
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