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CITY COUNCIL
AUGUST 4, 2008
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on August 4, 2008, with Mayor Kristey Williams presiding. Council present were Holly Harper, Michael Huddleston, Douglas Marr, Michael Wallace, Tom Leffler, Robert Griffith, and Roger Chrislip. Councilman Mike Rawlings 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, and Bill Morris.
Prayer: Councilman Marr gave the invocation.
Minutes: Minutes of the July 21, 2008 council meeting were reviewed. Wallace asked for clarification on certain points as he was not present at the previous meeting. Harper made a motion to approve the Minutes of the July 21, 2008 council meeting. Griffith seconded the motion. Motion carried without opposition.
Appropriations:
July (7A): Council considered appropriations in the amount of $826,125.63. Griffith inquired about the payment to Frontier Technologies in the amount of $3,653.51. Jones stated that it was for the purchase of two computers for the utility office and city clerk’s office. Wallace inquired about the payment to AMEC. Keefer stated that they are the consultants we hired for the certification of the PAL agreement. Wallace inquired about the payment to the Augusta Daily Gazette for printing/advertising and asked which one it was for. Jones stated that it was for both printing and advertising. Wallace inquired about the payment to Bucher Willis and Ratliff. Keefer stated that it was for work on the Airport Runway Feasibility Study. Wallace inquired about the payment to 1st National Bank. Keefer stated that it was a payment for his credit card and that the charge was for the annual water notifications that are mailed out to our citizens. Wallace inquired about the payment to Ford Hall. Keefer stated that it was for the purchase of brushes for the clarifier at the Wastewater Treatment Plant. Wallace inquired about the payment to Hugo Wall School. Keefer explained that it was for an economic development conference that three people will be attending. Wallace inquired about the payment to Itron. Jones stated that it is the payment for the meter reader handheld computer software. Wallace inquired about the payment to MKEC Engineering Co. Keefer stated that it was for engineering services for the spillway, and that we have a contract with them for $150,000. Wallace inquired about the payment to Staubach. Keefer stated that it is the BNSF license fee for the right of way for the waterline from El Dorado to Mulvane. Wallace inquired about the payment to The Main Event. Allen stated that it was for an airport conference in Pratt. Wallace inquired about the payment to the University of Kansas. Keefer stated that it was for one of the wastewater operators to go to school. Chrislip made a motion to approve Ordinance 7A in the amount of $826,125.63. Harper seconded the motion. Motion carried without opposition.
New Business:
Cereal Malt Beverage License: Council considered revoking the Cereal Malt Beverage License for Smokin’ Bubba BBQ. Marr inquired about the amount of time to re-file and if there are any prohibitions on refiling. Mr. All stated that there is not a statute for that. Mr. All stated that the Governing Body can either revoke or suspend the license, and that if it is revoked then it just goes away. Mr. All stated that there is nothing stopping someone else from reapplying for a license. Wallace stated that for clarification, we are revoking Smokin’ Bubba’s cereal malt beverage license because he provided false information on the application. Wallace asked if that is illegal. Mr. All stated that it is. Harper asked what steps will be taken in the future. Keefer stated that staff has internally discussed requiring a photo id. Keefer stated that we are required to use the application that is provided by the Kansas Attorney General and that the form does not require very much in the way of information from the applicant. Brewer stated that what he checks for are local warrants. Brewer stated that the CJIS group grants licenses for Triple I checks that hold criminal information; however, it is against regulations to use that type of a check for a liquor or cereal malt beverage application. Brewer stated at this time that we go by the name and birth date provided on the application and do a local check. Wallace asked what information was falsified. Brewer stated that the applicant admitted to providing a false name. Wallace asked if he is a felon. Brewer stated that the falsified information was discovered during the course of an ongoing investigation and that it would not be prudent to release that information at this time. Marr made a motion to revoke the Cereal Malt Beverage License for Smokin’ Bubba BBQ. Wallace seconded the motion. Motion carried with Huddleston abstaining due to a conflict of interest.
Old Business:
Streetscape Project: Council considered approval of a bid from Bryant & Bryant Construction, Inc. for the Downtown Streetscape Project. Leffler made a motion to approve the bid from Bryant & Bryant Construction, Inc. in the amount of $1,938,953.25 subject to KDOT’s approval. Chrislip seconded the motion. Motion carried without opposition. Huddleston asked what would happen if KDOT does not approve the bid. Goedecke stated that he has spoken to KDOT and sees no reason why they would not approve it, but if they didn’t then we would have to re-bid the project.
Council reviewed and discussed the proposed scope of work for the Streetscape Project. Keefer stated that there were questions and concerns asked about the use of sales tax funds for this project. Keefer stated that we could safely add $100,000 to the project, but that it will affect the carryover at the end of the year. Keefer stated that Goedecke has also identified some items that could be reduced with little impact to the scope of work. Keefer stated that we need direction on how to proceed, so Goedecke can go back to the contractor with a request for change orders. Keefer stated that the fountain is one area of concern. Keefer stated that he asked Goedecke to ask Bryant & Bryant about holding off on that area for a few months to see where we are financially. Keefer stated that Mr. Bryant seemed comfortable with holding the alternate bid price for the fountain until we see where we are at the end of the year and whether or not funding will be available to include the fountain in the project.
Williams asked if there is any additional information to give regarding Alternate #2 (the conduit). Goedecke stated that he has inquired about the cost of only including the conduit on one side of the street or only on specific blocks, but that he hasn’t yet received that information back. Williams asked if that could be a change order at a later date. Goedecke stated that it could. Keefer stated that he estimates that there will be a couple more change orders in the future. There may be unknowns down the line that may be cause for change orders.
Huddleston asked if changing the tree wells from the iron grates to mulch will structurally change the sidewalk, and if the grates could be added in the future. Goedecke stated that the grates could be added at a later date.
Huddleston asked if we run conduits and speakers if there will be access panels on the poles. Bill Morris stated that there will be an access panel on the base. Williams asked for confirmation that there would not be speakers at this time. Keefer agreed and stated that the conduit would be included to prepare for adding speakers in the future.
Huddleston stated that the total savings of for changes at the roundabout is $107,000 if the City is responsible for the restoration of the clock, but having the Contractor responsible for the restoration of the clock is only a $54,000 savings. Keefer agreed, but stated that the City would be responsible for sending the clock for restoration and assuming the liability for it. Keefer stated that if the City was responsible we would end up paying for it, so there really wasn’t a great deal of savings to the project.
Huddleston asked if we looked at changing the number of trees or plants, and what the reason would be not to reduce those. Goedecke stated that he was not aware that he was supposed to be checking into that. Goedecke stated we are changing the planter size and eliminating the grates in an effort to reduce cost. Huddleston asked if it would still be irrigated. Goedecke stated that it would. Huddleston asked who would be responsible for turning it on. Goedecke stated that it would be set on timers, and that it would be a drip irrigation system.
Leffler asked if staff is requesting direction or if a motion is needed. Keefer stated that he would like to have a motion. Keefer stated that he would recommend moving forward without the fountain so we can still get the $54,000 deduction and if we choose later to include the fountain it would be with the understanding that we would lose the deduction. Goedecke stated that he would obtain a letter from the contractor agreeing that if we do not include the fountain we will receive a $54,000 deduction at the end of the year, but if we include the fountain they will honor the bid of $97,000 for the fountain and we would not receive the $54,000 deduction.
Griffith inquired about asphalt and asked if they are still obligated to give it to us at the cost they stated. Goedecke said yes, and stated if we ran into a big problem we would change out the 8 inches to concrete which is less expensive. Goedecke stated that he wouldn’t recommend doing that at this point. Wallace asked if asphalt would be replacing existing brick. Goedecke stated that it would not. Wallace stated that he understands that the cost of concrete has increased by three times, but asked about the variances between the engineer’s estimate and the contractor’s bid. Goedecke stated that there are many factors, including that he estimates based on unit price, manufacturer’s increased their bid submitted to the contractor compared to what they quoted to him; he looked at the concrete walls in the terrace garden differently than the contractor, etc. Goedecke stated that one of the differences with the terrace gardens is that when he called on the clock restoration, he was told it would be around $30,000 but that when the bid came in the vendor quoted $53,000 to the contractor. Goedecke stated that we looked at some things on the project differently than the contractor. For example, the contractor looked at the wall design and determined it would take special forming on his part and that we didn’t account for that. Goedecke stated that the tree wells were priced quite a bit lower, but that was his mistake because he only obtained a quote for the casting. Goedecke stated that he also did not anticipate adding a concrete border to set the tree grates in and didn’t add those into his estimate.
Leffler made a motion to move forward with the project as described in the base bid for $2,068,953.25 including engineering inspection and to include Alternate #3, Alternate #4, and Alternate #5 totaling $100,265.50 while deducting $100,280.00 for Mulch versus Grates, planter downsizing, and concrete crosswalks and including a contingency of $31,000 for a total project cost of $2,099,938.75. Harper seconded the motion.
Marr stated that for clarification on the budget, the goal is to preserve at $97,000 of the grant money for the purpose of applying it to the fountain. Keefer stated that if we add more sales tax funding to the project it will free up part of the grant money that could be used towards the fountain. Marr asked what the target would be. Keefer stated $150,000.
Wallace asked if they were going to discuss light poles. Williams stated that it would be an additional $60,000 for the modular light poles. Huddleston stated that due to the cost of construction he would go along with what is proposed, as long as we come up with brackets that we can mount on the pole that will be attractive. Williams stated that El Dorado uses a clamp and that we could check theirs out. Keefer stated that we will have to do the research on that and work it into the budget later down the line.
Motion carried without opposition.
Griffith inquired about the timeframe for the project. Goedecke stated that according to the contract they have 365 calendar days. Goedecke stated that they should begin the project in September or October. Huddleston asked how the flow of construction will take place. Goedecke stated that the contractor has asked to do the side streets first, and then State Street and that 3rd Street could be done at any time. Goedecke stated that they will be working on one side of the street and then the other. Huddleston asked if they will be working block by block. Goedecke stated that they will not. Huddleston asked if there will be someone doing public relations work with the business owners downtown to keep them informed. Morris stated that DAI would be the liaison between the contractor and business owners and that they will be holding weekly meetings to communicate the progress to the business owners.
Huddleston asked if the gas company will be done with the work by the time the contractor is ready to start the work. Keefer stated that Dan Allen is checking with Kansas Gas to find out their expected completion date.
Special Assessments: Council considered approval of the use of personal guarantees and a review of personal annual financial statements from the developers to secure special assessment financing for internal improvements for Belmont Place 3rd Addition and the Stone Lake Estates 3rd Phase. Williams stated that after the work session she understood that the developers for these two projects would be grandfathered in and that staff would come back to the Governing Body later with a policy that addresses this. Chrislip agreed and further stated that only these two would be grandfathered in. Williams confirmed that this is the Governing Body’s consensus. Keefer stated that staff will move forward with the bid process. Keefer stated that JJ Allen is preparing the policy to include three years worth of specials in a letter of credit and the remaining amount in a personal guarantee. Keefer stated that we will bring the documents to the next meeting. Williams asked if Allen has checked with Newton regarding their policy. Allen stated that he heard back from several communities, but that Newton was not one of them. Allen stated that he would check with them. Williams stated that when considering the policy it is important not to discourage developers from developing in our community. Wallace stated that what we are doing is trying to protect the citizens, and that we have to look out for our best interests. Williams stated she agreed that we have to look out for our best interest, but that encouraging development in our community is also in our best interest.
New Business:
Public Hearing: Marr made a motion to approve Resolution 2008-15 scheduling a Public Hearing for 7:30 p.m. on September 15, 2008 to take input on whether a structure at 606 E 12th Street should be declared a dangerous and unsafe structure and the surrounding lot a blighted area and order the structure to be repaired or removed and the surrounding lot cleaned up. Chrislip seconded the motion. Motion carried without opposition. Wallace asked if the City can put a lien on the property for all the work that the City does. Keefer stated that all of the work will be charged back to the property and sent to the County to apply to the tax rolls. Keefer stated that if the property goes to a tax sale, the City will be reimbursed.
Library Board: Council considered the Mayor’s appointment of Marilyn Cruit to the Library Board. Chrislip made a motion to approve the Mayor’s appointment of Marilyn Cruit to the Library Board. Huddleston seconded the motion. Motion carried without opposition.
Informational Memorandum & Questions:
Huddleston – Huddleston referred to item #5 in the informational memorandum and stated that we have a mutual aid agreement with Fire District #2 and that the County pays us for that. Keefer agreed. Huddleston stated that the City does depend on the Highway Patrol and Sheriff’s Office, but that we pay County taxes for use of those services. Huddleston stated that the people of our community pay the County for use of these services, but that people in the County do not pay us for use of our services or equipment such as scuba or the dog. Wallace stated that he thought the Chief would provide a spreadsheet of the services we have provided to the County and a spreadsheet of the services the County provides to us. Keefer asked what specifically they are asking for. Wallace stated that our citizens pay for the scuba team whether they are working in our community or for the County and that the County charges us to come to the City and teach classes here. Wallace stated that he is not referring Highway Patrol or Sheriff services. Huddleston stated that the City is no longer able to use the firing range. Keefer stated that the firing range belongs to the City of El Dorado, not the County. Huddleston asked why we respond to incidents that occur in El Dorado. Keefer stated that he will ask the Chief to come to a future council meeting so he can respond to the Governing Body’s questions. Marr stated that the Chief already provides a monthly report that is very in depth, and if there are questions then those should be called to staff’s attention so they can respond. Keefer stated that Staff is more than happy to follow up on specifics. Griffith referred to a previous discussion about the County charging us $50,000 in rent for the Safety Department facility and us not owning it once the debt is paid. Keefer stated that he has spoken to Will Johnson and that he will be meeting with Johnson and Randy Waldorf in the future to discuss the issue further. Marr stated that would be a good tangible project. Marr further stated that we have to be very cautious about a real or perceived division between of our various law enforcement and safety departments. Marr stated that we want to make sure that they can, without inhibition, be of mutual help to each other.
Williams – Williams referred to the candidate forum not being televised on channel 7 and stated that it would have been nice for that to have been televised. Wallace stated that we may want to have a list of contingencies for the use of the room and equipment. Williams stated that we should not charge for use of the building, but for the use of the camera and to pay for staff to man the camera. Wallace stated he would like to see this as a future agenda item. Huddleston stated that this is the City’s channel and that we have been guarded to make sure it does not turn into a public access channel. Huddleston stated that we need to have a clear policy and set guidelines. Huddleston stated that we ran into an altercation last year about Ho Ho Bucks and whether that was an approved use of Channel 7. Williams stated that televising the Ho Ho Bucks at Christmas actually gets viewers to turn on Channel 7 and some will stay tuned in for the Council meeting, helping them be more informed. Huddleston stated that we used to rebroadcast the council meetings. Huddleston stated that we should have a workshop to set up guidelines for both the public and for staff. Keefer asked if staff should prepare a policy and bring it to the Council as a sample to work from. The Council agreed. Keefer stated that it is easier to say no to everyone, because if you pick and choose it could become difficult. Keefer stated that there is a policy for the use of the slides on channel 7, but not for the use of the video. Marr said it is important to recognize that this body will become the clearinghouse for anything that is considered a contentious decision, so we have to be cautious of how the policy is written. Marr stated that the Council will be held responsible for any decision that may be given out that a group does not like.
Marr – Marr referred to the Butler County Board of Commissioner’s July 21st minutes regarding the overspray of paint by Pro-Kleen. Keefer stated that the business is located in the County, east of town. Marr asked if there has been further discussion about a countywide recycling program. Keefer stated that we are waiting on the County to adopt a formal plan and then they would begin coming out to the individual communities. Marr stated that he read in the Main Street News in the Kansas Government Journal that Wyandotte County is implementing a countywide recycling plan. Williams stated that when Keefer meets with the County to discuss other issues he should inquire about the status of the countywide recycling plan.
Williams - Williams inquired about the diving board at the pool. Keefer stated that it broke and a new one has been ordered, but that it will take two to three weeks to be delivered which will be after the end of this season.
Huddleston – Huddleston referenced the Eco@Home pamphlets and stated that if they are all printed as well as the first one then they will be very beneficial. Marr stated that he has received a very positive response about the pamphlets.
Griffith – Griffith asked if there had been any response about the situation of the property behind McDonalds. Keefer stated that there has not been in the last week or two. Griffith referenced the decision of the State a while back regarding the number of vehicles that a specific business could have on their property out in the County and stated that this property has a lot more vehicles on the property than that one did. Keefer stated that it is his understanding that Brown no longer owns the shop. Griffith stated that we should do something about that shop area too.
Williams – Williams inquired about the status on the website. Jones stated that she has not had an opportunity to work on it the last couple of weeks due to the work that needed to be done on the budget, and that after the budget and necessary paperwork is completed and submitted to the County and State then she would be able to resume looking into that further. She stated that it would probably be the end of August. Williams inquired about the sign project. Keefer stated that he has a draft of a lease agreement from Williams Pipeline and has received information back from the State about the location. Keefer stated that he and Bill Morris will be going out to pace it off to make sure the proposed location clears the setback. Keefer stated that there are some concerns as you are coming into town on Highway 54 about the slope, but that there is hope it fits there and if not we will have to evaluation another location in that general area. Keefer stated we are making progress and moving forward. Williams stated that for a website, the photography is really important and requested that any amateur photos that could be submitted to her or the City Clerk’s office would be nice.
Final Comments:
Williams – Williams reminding everyone of the Special meeting scheduled for 7:00 p.m. on Monday, August 11th, 2008 to conduct the Public Hearing for the 2009 Budget.
Chrislip – Chrislip stated that the City put in a waterline on east Kelly Street and that the ground has begun to settle. Keefer stated that he would look into that.
Marr – Marr stated that he would like to see the letter from Byrant & Bryant in a future Informational Memorandum along with the current state of the 2008 street projects. Goedecke gave an update on the 2008 street projects. Goedecke stated that there is a contract with APAC for about $175,000 worth of work for Ohio, Cron, Loomis, and a couple of other areas. Goedecke stated that so far all that has been done is miscellaneous repairs adding up to about $5,000 and that there is still $170,000 work yet to be completed. Goedecke stated that APAC would like to get Ohio Street completed this year for sure, but that they may possibly be able to get everything completed this year. Marr inquired about projects that have been approved but that are not under contract. Goedecke stated that he wasn’t really sure, except that there is usually some patch work to be completed in the fall. Marr asked for a status report in the next Informational Memorandum. Marr inquired about the codification. Jones stated that staff will hopefully schedule their last meeting to review the codification prior to the end of August and then be able to forward it back to the League for completion. Marr stated that he received a request for reduced speed limits around the lake or for more safety officer presence. Marr stated that there are a lot of pedestrians and asked that staff look at better ways to control that area. Williams suggested more signage. Marr referenced road problems at 327 Main and asked staff to see what could be done there.
Griffith – Griffith thanked staff for re-painting the stop lines at the intersection of Kelly and Ohio Streets.
Wallace – Wallace inquired about the status of the Mulvane waterline repairs. Keefer stated that he does not have an answer. Wallace asked Keefer to email him about the status. Wallace stated that he sees that Jason Bradley is making headway on his sidewalk and asked if staff thinks he will finish it. Keefer stated that he does believe Bradley will complete the work. Wallace stated that Santa Fe Street looks really nice. Wallace gave kudos to the car show guys. Wallace stated that the Governing Body needs to have an evaluation process in place for Keefer before the next evaluation period. Williams stated that she planned to discuss that in September. Wallace status of discussion with school about drainage issue on Edgewood Street. Goedecke stated that he shot elevations so it can be graded. Goedecke stated that the grade is so flat it will not drain and that the Street Department plans to cut that now that it is staked. Keefer stated that the school does not have a grader so it will fall back on us to take care of it. Keefer stated that he has asked Superintendent Lentz to help with mowing, but that if we have to do much more than grade it we would ask for financial assistance.
Adjourn: At 9:16 p.m. Wallace made a motion to adjourn. Griffith seconded the motion. Motion carried without opposition.
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