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CITY COUNCIL
AUGUST 18, 2008
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on August 18, 2008, with Mayor Kristey Williams presiding. Council present were Douglas Marr, Michael Huddleston, Michael Wallace, Tom Leffler, Robert Griffith, and Roger Chrislip. Councilmember Holly Harper was absent. Also present: City Manager Bill Keefer, Assistant City Manager JJ Allen, City Attorney David All, Director of Public Safety Tyler Brewer, and City Clerk Erica Jones. Visitors present were: Michael McDermott, Martin Goedecke, Sharon Sudduth, Becky Wolfe, Eric Christinat, and Bill Morris.
Prayer: Reverend Curtis Cadenhead, First United Methodist Church gave the invocation.
Minutes: Chrislip made a motion to approve the Minutes of the August 4, 2008 council meeting. Wallace seconded the motion. Motion carried without opposition.
Rawlings made a motion to approve the Minutes of the August 11, 2008 special meeting. Wallace seconded the motion. Motion carried without opposition.
Appropriations:
August (8): Council considered appropriations in the amount of $652,750.11. Wallace made a motion to approve Ordinance 8 in the amount of $652,750.11. Chrislip seconded the motion. Huddleston inquired about the payment made to Goedecke Engineering. Keefer stated that $15,000 of it was the first payment for the levee project and part of the remaining amount was for the estimate for seal coating the Library parking lot. Marr inquired about the payment to KDHE. Keefer stated that it was the second payment of the two annual payments made for the revolving loan. Motion carried without opposition.
Old Business:
Public Safety Mutual Aid: Director of Public Safety Tyler Brewer was present to respond to questions expressed by Wallace in regards to public safety mutual aid and services. Brewer explained that Fire District #2 and the City of Augusta have a mutual aid agreement with, as well as with surrounding townships and fire districts and that the City of Augusta has an equitable sharing plan with the Department of Justice and Highway Patrol. Brewer stated that because we have an equitable sharing plan in place, if we assist with the use of our drug dog and drugs or money is recovered we will receive a percentage of that recovery. Brewer stated that we have the only viable dive team in Butler County at this time, but that it is part of Fire District #2 so the City receives a reimbursement of wages when the dive team responds to a call.
Wallace stated that he understands that we reciprocate with a lot of other entities, but that he disagrees with the argument that the County reciprocates with us. Wallace stated that we pay County taxes for those services. Wallace stated that there is a K-9 unit in El Dorado that is about to retire and that Leon and Towanda both have K-9 units. He stated that his main issue is with cities that will not reciprocate with us when we will reciprocate with them.
Brewer stated that he is not aware of any city that does not reciprocate in kind with us. Brewer sited an example of Ark City requesting use of our K-9 unit and in return they have allowed us to use their radar trailer as part of our traffic education program.
Wallace stated that the monthly report provided by the Department of Safety lists arrests as felonies, misdemeanors, warrants, and DUI’s but does not sub-divide out the types of felonies. Wallace stated that he would like to see that information. Brewer stated that he includes that information in his annual report but does not in the monthly report because it could be too lengthy and time consuming. Brewer stated that if the Governing Body would like more information he would include that. Williams asked for a general consensus from the Governing Body on whether they would like more information included in the monthly reports or continue to receive it in the annual report only. The consensus was to only include the breakdown in the annual report.
Huddleston thanked Brewer for being present and stated that he hopes that he doesn’t see the questions as a sign that they think badly of him or his department. Huddleston stated that they all do a very fine job, but that council members receive questions from citizens that they don’t always have the answers for. Brewer stated that it is their job as policy makers for the City to ask questions and that he doesn’t take affront to it. Brewer extended an invitation for the Council to visit his department as Leffler has, stating that he has an open door policy and an open department. Brewer stated that his only concern is if a council member poses a question to an officer on the street and they may not be aware of the big picture. Brewer stated that he would rather be the one to answer those questions.
Williams stated that it is very positive that Brewer is working with other communities because there may be a time when we will need assistance from them.
Brewer stated that he is aware of questions by the community regarding the dive team. Brewer stated that it is a regional dive team with a good reputation and that all members are required to have their own equipment. Brewer stated that the equipment each member has purchased can cost anywhere from $1,500 to $2,000 and that he has purchased over $8,000 in equipment with his own funds that he stores at the Safety Department and is used by the dive team. Brewer stated that the team has come in really handy with rescues and has helped save the City money with regard to the study of the dam.
Wallace stated that he has spoken to the County Sheriff and was told that the County does not have a drug dog because it is too expensive. Wallace stated that because we pay County taxes for their services, if they continue to use services that the citizens pay the City of Augusta for then maybe we should consider charging the County for use of our drug dog in the future. Brewer stated that we have received seizure funds as a result of assisting the County with our drug dog and those funds have been used to purchase holsters, rifles, entry equipment, and all of the new officer uniforms. Brewer stated that those funds have been very helpful with purchases that we have not budgeted for or could not budget for.
Williams stated that it seems if we are sharing resources then we are saving our community money by not having to pay for a County drug dog that might not be needed all the time. Wallace stated that he is not saying a drug dog is not needed in our community, but that the issue is the County using ours for free.
Brewer mentioned the SWAT Team and asked what would he do if the County didn’t respond to our requests for a SWAT Team? Wallace stated that we pay County taxes for that service and that the County does not pay the City for use of our services. Williams stated that what Brewer is saying is that the drug dog is paying for itself.
Huddleston stated that he would like to clarify something in the minutes that says the County charges us to come and teach classes to our staff. Wallace stated that he verified that is not true. Brewer stated that he gives training and that the City charges the County for that training.
Wallace stated that where he is coming from is that it is not fair that the citizens of Augusta are paying taxes to support the rest of the County using our drug dog. Rawlings stated that the way he understands it is that one benefit of the drug dog to us is that since the County doesn’t have one, if we assist them and find money we get a percentage of that. Rawlings further stated that if the County had their own drug dog we would lose out on that funding opportunity.
Temporary Notes: Council considered bids for Temporary Note Financing for Internal Improvements for Stone Lake Estates 3rd Phase and Belmont Place 3rd Addition. Huddleston asked if the personal guarantees have been received. Keefer stated that they have. Chrislip made a motion to accept the bid from Verus Bank with a net interest cost of $25,000.00. Wallace seconded the motion. Motion carried without opposition.
Rawlings made a motion to approve Resolution 2008-16 authorizing the sale and issuance of $500,000 in general obligation temporary notes. Chrislip seconded the motion. Motion carried without opposition.
Engineering Services: Council considered approval of an Engineering Services Agreement with Goedecke Engineering for Design and Construction Engineering Services for Internal Improvements for Belmont Place 3rd Addition. Chrislip asked if the City will be reimbursed for the engineering costs. Keefer stated that they would be paid through the special assessments. Chrislip made a motion to approve an Engineering Services Agreement with Goedecke Engineering for Design and Construction Engineering Services for Internal Improvements for Belmont Place 3rd Addition. Huddleston seconded the motion. Motion carried without opposition.
Chrislip made a motion to approve an Engineering Services Agreement with MKEC Engineering for Design Services for Internal Improvements for Stone Lake Estates, 3rd Phase. Wallace seconded the motion. Motion carried without opposition.
Entrance Signs: Council reviewed the proposed design for two Entrance signs. Leffler asked if the brick would be red. Morris stated that it would be. Morris stated that he had originally looked at it being a concrete block core with a stucco face, but that he has since looked into the cost of it being cast concrete with engraved letters. Morris stated that it isn’t much more expensive and would look better than the stucco. Leffler asked if the engraving would be colored. Morris stated that it would. Williams stated that it will look similar to the City of Manhattan’s signs.
Morris stated that there has been a glitch with the location of the sign at the east entrance into town. Morris stated that the State said the sign has to be a minimum of 18 feet from the roadway, and that where the sign would need to be placed there is a steep grade. Morris stated that the sign may need to be moved to the west end of the overpass. Williams stated that staff is researching the history of the current Welcome Augusta sign and that if anyone knows any history behind it to contact the City.
Huddleston inquired about the south entrance sign. Morris stated that he does not have the actual dimensions, but that he has walked it and plans to position the entrance sign between the utility pole and street signs that are there now. Marr asked what signs are there now. Keefer stated that it is a speed limit sign or a Highway 77 sign. Griffith asked if this is city property. Keefer stated that the property is owned by Williams Pipeline and that staff is working on a lease agreement with them for that property.
Marr asked if the position of the east sign at the west end of the overpass would diminish the appearance. Morris stated that there are not visibility issues with that placement, that the sign will be 12 feet tall and 6 feet wide. Keefer stated that he would have to speak to the state about that location. Keefer stated he would try to find out more information on the existing sign.
The Governing Body gave the general consensus that they were in agreement with the proposed design and that they would agree to allow staff to secure a good location. The general consensus was to place the sign on the northwest corner of the intersection of 7th and Osage. Keefer stated that there may be some history there with the current signage and that we might encounter some obstacles. Keefer stated that we will have to wait to see what the State says about the placement of the sign.
Marr stated that if we are trying to pick up a theme for our downtown, having it on the west side of the intersection may draw more interest for what we are trying to do downtown.
New Business:
CTB Grant: Council considered approval of a Convention and Tourism Grant for the Chamber of Commerce. Chrislip made a motion to approve a $1,000 Convention and Tourism Grant for the Chamber of Commerce. Wallace seconded the motion.
Huddleston stated that last time there was a grant application for DAI there was an issue that they did not submit the application by the 90 day deadline. Huddleston stated that it was brought up at that time and that no one has brought up that the Chamber of Commerce did not submit their application by the 90 day deadline. Sharon Sudduth stated that there was not a Convention and Tourism Board meeting in July. Sudduth stated that the reason the 90 day deadline was established was to allow for more than one meeting in case there was not a quorum present. Sudduth stated that the Convention and Tourism Board is concerned that if they do not require 90 days the board may not approve the grant application before the event occurs. Keefer stated that we could definitely take the concern about the 90 day deadline back to the Board for their review. Huddleston asked why there would not be a quorum at a board meeting. Sudduth stated that two of the board members are local hotel owners and that they rarely attend the board meetings. Sudduth stated that in order to have a quorum four out of the five other board members would have to be present at the meeting and that doesn’t always happen.
Motion carried without opposition.
Standard Traffic Ordinance: Wallace made a motion to approve Ordinance 1969 adopting by reference the 2008 Edition of the Standard Traffic Ordinance. Chrislip seconded the motion. Motion carried without opposition.
Uniform Public Offense Code: Rawlings made a motion to approve Ordinance 1970 adopting by reference the 2008 Edition of the Uniform Public Offense Code. Wallace seconded the motion. Marr inquired about the omissions in section 2. Mr. All stated that those are more serious cases that should be handled in District Court instead of Municipal Court. Motion carried without opposition.
Streetscape Project: Council considered approval of the “Supporting Data Sheet for Estimate of Engineering Fees” for construction administration for the Streetscape Project. Huddleston stated that item B on the estimate states that there will be a resident project representative four to five hours a day, and if you multiply that by 365 days it doesn’t match up with the estimated hours listed on the supporting data sheet. Goedecke stated that 365 calendar days are allowed for project completion, but that it is very unlikely that these people will be working every day of the week for 365 days straight. Goedecke stated that he calculated based on four hours a day, twenty days a month, for ten months. Marr asked if the bid is a not to exceed bid for the entire project. Goedecke said yes. Huddleston asked if there will be someone there every day. Goedecke stated that there will be someone there every day, but that he wants to make it clear that they will not be there all day.
Wallace asked if this amount figures into the original bid. Keefer stated that it does. Huddleston asked who is going to coordinate with DAI and the property owners. Goedecke stated that there will be a weekly meeting between him, the contractor and DAI and that DAI will be responsible for updating the property and business owners of the progress.
Marr made a motion to approve the Supporting Data Sheet for Estimate of Engineering Fees in the amount of $129,999.95. Chrislip seconded the motion. Motion carried without opposition.
Special Assessment Policy: Chrislip made a motion to approve Resolution 2008-17 establishing policies for Municipal Financing of Public Improvements and Levying of Special Assessments. Huddleston seconded the motion. Motion carried without opposition.
GAAP Waiver: Rawlings made a motion to approve Resolution 2008-18 waiving the statutory requirements for Fixed Asset accounting. Marr seconded the motion. Wallace stated that he spoke with Keefer and that he understands why we currently waive this, but that he thinks it may be necessary in the future to adhere to the requirements for Fixed Asset accounting. Staff agreed but Keefer stated that it will be a comprehensive effort and most small communities do not have the resources or staff to stay on top of it.
Motion carried without opposition.
KMGA Appointments: Council considered approval of appointments to the Kansas Municipal Gas Agency’s Board of Directors. Griffith made a motion to appoint Bill Webster as the City’s Director and Jim Sutton as the City’s permanent alternate to the Kansas Municipal Gas Agency’s Board of Directors. Rawlings seconded the motion. Motion carried without opposition.
Work Session: Marr made a motion to schedule a work session for Monday, September 8, 2008 at 7 p.m. to review and discuss the report from AMEC for the Phase I Study of the Walnut River Levee Certification. Chrislip seconded the motion. Motion carried without opposition.
Informational Memorandum & Questions:
Wallace – Wallace stated that he will be attending the annual League of Kansas Municipalities meeting.
Keefer – Keefer reminded the Council that the next meeting will be on Tuesday, September 2nd.
Griffith – Griffith asked if the City can afford to schedule crews to work on the Mulvane Water Line without it affecting our other projects. Keefer stated that we will have to coordinate it with the availability of the track hoe. Griffith asked if we have the personnel to run the track hoe. Keefer stated that we might have to hire a qualified person to operate it.
Marr – Marr inquired about staff reaction to the way the Unified Government of Wyandotte County/Kansas City handles their curbside recycling program. Keefer stated that the big thing it comes down to is waiting for the County to present their plans to the Council. Keefer stated that other issues are whether it will be mandatory or if incentives will be given to encourage participation. Keefer stated that there are some good programs in communities out there that we can use as a reference. Marr stated that the information provided by the Unified Government of Wyandotte County/Kansas City is very user friendly. Williams stated that she likes the use of green bins instead of bags.
Marr inquired about the Street Sales Tax Projects and inquired about the estimate for engineering fees for resurfacing the Library parking lot. Keefer stated that would be paid out of the Capital Improvement Fund. Marr stated that there is approximately $30,000 in uncommitted sales tax funds at this time. Keefer agreed.
Marr stated that our valuation of building permits is just over $4 million this year and asked how that relates to other years. Keefer stated that he would have the inspection department include that in next months report. Marr asked if staff could give a general location for the 66 residential permits that have been issued this year. Keefer stated that he will check on that.
Marr stated that the County had a big write up about their ability to get asphalt materials. Marr stated that he noticed a lot of dump trucks going down Dearborn today. Keefer stated that they are now working at the intersection of 12th and Dearborn Streets. Rawlings stated that they had the intersection torn up on Friday afternoon starting work.
Wallace – Wallace asked staff to explain the fuel adjustment. Keefer stated that the fuel adjustment for this last month will increase from $0.015 to $0.0262 because of the fuel costs charged to us by the Kansas Power Pool for our wholesale power contract. Keefer stated that he was also made aware that Westar’s fuel adjustment is over $0.04, so theirs is going up in addition to their request to the KCC for a 15% increase in their rates.
Huddleston – Huddleston inquired about the two new Safety Department vehicles and asked if the old one had been moved to the Airport. Allen stated that it has been.
Final Comments:
Huddleston – Huddleston stated that at the last meeting he had inquired about the expected completion date of the work that is being done by the gas company. Keefer stated that Dan Allen received word from them on Friday that they will still be working for another two to three weeks.
Huddleston stated that since school has started there have been a lot of buses traveling east on 12th Street to the new bus facility. Huddleston stated that there are currently signs posted on 12th prohibiting trucks. Keefer stated that he will need to look into that to see what is defined as a “truck”.
Huddleston stated that the Wichita Eagle shows a population growth in Augusta of 2%. Huddleston inquired about the codification. Keefer stated that staff is scheduled to meet again next week.
Marr – Marr asked what uses we could put the FEMA land to. Keefer stated that it is pretty much restricted to green space or parks. Keefer stated that we cannot construct any buildings on the property. Keefer stated that due to deed restrictions, we have had to obtain special permission to use the two lots we are looking at using for the levee. Keefer stated that we cannot do anything that would be considered re-development. Marr stated that we have a diamond in the rough and that he would like to see those restrictions. Keefer stated that he has had discussions with someone who would be interested in donating a significant amount to develop that area into a park.
Marr stated that we need to find out who the right person is to work our traffic ordinances for our downtown. Marr stated that he has seen signs in another city at intersections that states pedestrians have the right of way. Keefer stated that he has asked DAI in the past to come up with ideas about timed parking issues. Keefer stated that this is something we will need to look at. Mr. All stated that the Standard Traffic Ordinance we just passed will address that. Huddleston asked if it is possible to put crosswalks in the middle of a block. Goedecke stated that we do not have any crosswalks designated in the middle of a block. Huddleston asked if that is something we should look at. Goedecke stated that we would lose quite a number of parking spaces in order to put a crosswalk in the middle of a block.
Marr referenced a water leak at 242 Broadway. Keefer stated that staff is aware of it and that he would look into it.
Williams – Williams stated that beginning tomorrow she will resume her regular office hours of Tuesday and Thursday from 9 a.m. to 11 a.m. Williams stated that she will be attending a Conference this Thursday and Friday. Williams stated that the joint meeting between the school officials and city officials is scheduled for noon on August 29th with the location yet to be decided. Williams stated if anyone in the community has good pictures of the Augusta landscape, to send those to her or the City Clerk.
Adjourn: At 8:48 p.m. Rawlings made a motion to adjourn. Wallace seconded the motion. Motion carried without opposition.
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