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CITY COUNCIL
JULY 21, 2008
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on July 21, 2008, with Mayor Kristey Williams presiding. Council present were Holly Harper, Michael Huddleston, Douglas Marr, Tom Leffler, Mike Rawlings, Robert Griffith, and Roger Chrislip. Councilman Michael Wallace was absent. Also present: City Manager Bill Keefer, Assistant City Manager JJ Allen, City Attorney David All, Director of Electric Utility Bill Webster, Park Superintendent Cy Ricker, Inspector Dan Allen and City Clerk Erica Jones. Visitors present were: Michael McDermott, Eric Christinat, Bill Morris, Roger Megli, Larry Kincaid, Martin Goedecke, and Karl Svaty.
Prayer: Reverend John Einem, Christ Lutheran Church gave the invocation.
Minutes: Minutes of the July 7, 2008 council meeting were reviewed. Marr made a motion to approve the Minutes of the July 7, 2008 council meeting. Harper seconded the motion. Motion carried without opposition.
Appropriations:
July (7): Council considered appropriations in the amount of $877,947.14. Huddleston inquired about the payroll deduction on page 3 for the City of Augusta. Jones stated that it was for insurance. Huddleston inquired about the payment to Mid States Fitness. Keefer stated that the Safety Department used part of the Wal-Mart grant to purchase a piece of fitness equipment. Huddleston asked how many physicals were included as part of the PT Plus bill. Keefer stated that there were five. Huddleston inquired about the payment made to Rubber Incorporated. JJ Allen stated that it was for new rubber seals on hangars at the Airport. Griffith made a motion to approve Ordinance 7 in the amount of $877,947.14. Huddleston seconded the motion. Motion carried without opposition.
Old Business:
Spillway and Dam Repair: Karl Svaty of MKEC was present to give an update on the City Lake Spillway and Dam repair project. Svaty stated that when the contract was signed they had an original design that was economically feasible and included buckets that tipped over. Svaty stated that since that time, the design has become less economically feasible and has been discovered to need more maintenance than originally thought. Svaty stated that they asked a lot of questions and decided a labyrinth weir would better fit our needs and would be less expensive and require less maintenance. Svaty stated that it will be comparatively inexpensive. Svaty stated that he went to Topeka with the new design in May and looked at it with Division of Water Resources (DWR) engineers. Svaty stated that they were in favor of the labyrinth weir design. Svaty stated that the goal is to increase the spillway in length and remove the dam facing and replace it with riprap. Svaty stated that the current dam has a concrete face that is not failing now, but we need to get rid of it before it does.
Svaty stated that the Augusta Department of Safety assisted with locating the foot of the concrete dam by scuba diving in the lake. Svaty stated there had originally been discussion about repairing the tower valves. But, after discussion with DWR, it was decided to abandon the tower in place with the valves frozen open. Svaty stated that this will be a zero cost item and that later we may want an emergency shut off valve for that.
Svaty stated that this project was started six years ago, and that we are moving forward. Griffith asked if Svaty felt comfortable that DWR would not come back to us in a couple of years and require us to do more. Svaty stated that they have not run into that in these types of projects, but that they have in water plant projects. Svaty states that the spillway now has to handle an 11 inch rain in a 24 hour period, and that he does not think that parameter will be changed. Keefer stated that a large portion of this project is overdue maintenance on the dam, but that it will also address a lot of other issues. Griffith asked if riprap will require more maintenance than rock. Svaty stated that it can be difficult to maintain, but that those issues can be addressed as they come up. Griffith asked if there is a projected start date. Keefer stated that we have been given a date of 2009 to 2010, but that funding will be an issue. Keefer stated that he has a request into Senator Brownback for assistance.
Marr asked Svaty to explain what will be going on at the west end of the spillway. Svaty stated that there will be an earthen berm and some riprap placed inside. Marr asked about the road. Keefer stated that it is an internal park road and not a dedicated street. Svaty stated that the goal is to build it up where it can still be driven over. Keefer stated that he will keep the Governing Body informed as we move forward.
New Business:
Bill Reed Park: Council considered a request from the Evening Lions Club to name the shelter in Bill Reed Park as the Gary W. Dryden Shelter. Roger Megli thanked the Park Board for its consideration. Megli stated that Gary Dryden was a long time member of the Augusta community and was very involved in several civic organizations. Megli stated that it would be a great honor and tribute to name the shelter after Dryden. Megli stated that the Evening Lions Club will provide a plaque for the shelter and work with the Park Board and City to maintain the shelter. Marr made a motion to name the shelter in Bill Reed Park the Gary W. Dryden Shelter. Rawlings seconded the motion. Motion carried without opposition.
Playground Equipment: Council considered approval of a recommendation from the Park Board for new playground equipment at Bill Reed Park. Chrislip made a motion to approve the bid from Recreation Resources in the amount of $37,902.33 for a playground facility at Bill Reed Park. Griffith seconded the motion. Motion carried without opposition. Williams asked how long it would take for the equipment to be delivered and installed. Ricker stated that it would be six weeks.
Schedule Public Hearing: Council considered a resolution scheduling a Public Hearing for September 2, 2008 at 7:30 p.m. to take input on whether a lot located at 416 West 7th should be declared a blighted area and ordered to be cleaned up. Marr made a motion to approve Resolution 2008-14 scheduling a Public Hearing for September 2, 2008 at 7:30 p.m. to take input on whether a lot located at 416 West 7th should be declared a blighted area and ordered to be cleaned up. Harper seconded the motion. Motion carried without opposition.
City Hall Bids: Council considered bids for point tucking and other building repair work for City Hall. Marr asked if the bid included the bus barn. Keefer stated that the total bid did include portions of the bus barn, but due to cost the work proposed by staff for 2008 does not include that area. Dan Allen stated that there is a big split in the guttering that staff will be working on. Huddleston inquired about rain water running directly down on an existing electrical box. Allen stated that it is designed for those types of conditions. Harper inquired about the use of high pressure on the bricks and stated that there was an ordinance at one time that addressed the use of high pressure on historical buildings. Bill Morris stated that sand blasting is not allowed, but that water is. Rawlings asked if both companies bid on the same sealer. Keefer stated that both bids referenced the type of sealer. Morris stated that the important thing is that the sealer is breathable and that both of the types proposed are okay. Marr inquired about the schedule for the repairs. Allen stated that he does not have that information at this time. Huddleston asked if there is a way to fix the gap in the glass at the front door. Keefer stated he was aware of what Huddleston was referencing. Griffith made a motion to approve the bid from Restoration & Waterproofing in the amount $33,070. Harper seconded the motion. Motion carried without opposition.
KLINK: Rawlings made a motion to authorize the submittal of an application to KDOT for a KLINK project for repairs and improvements to the westbound lanes of 7th Street between the west side of the overpass to Bluff Street. Harper seconded the motion. Motion carried without opposition.
Streetscape Project: Council considered bids for the Downtown Streetscape Project. Councilman Rawlings abstained due to a conflict of interest. Keefer stated that federal law requires that the bid we accept be lower than the engineer’s estimate, and does not allow for the bid to be negotiated. However, Keefer said, that the State allows us to revise the engineer’s estimate and to use change orders to reduce the scope of the project to lower the project cost. Keefer stated that the Governing Body cannot really take action tonight, so the issue should be tabled and allow for Martin Goedecke to recalculate his engineer’s estimate.
Huddleston stated that he was surprised by the number of differences between the engineer’s estimates and the bid. Keefer stated that he and Goedecke have discussed several things in the project that can make a big impact on the cost. Huddleston asked if that would include reducing the number of trees. Keefer said yes. Huddleston stated that he would rather lose some trees and keep the irrigation. Keefer stated that he would not disagree. Huddleston stated that the cost of the fountain really surprised him. Keefer stated that we need to look at what is in the base bid, not the alternates, when considering awarding the bid. Keefer stated that the contractor gave some ideas for reducing the cost at the bid opening.
Marr asked what numbers we are really looking at. Goedecke stated that the engineer’s estimate is $1,822,213.75 and that the bid was $1,938,953.25. Goedecke stated that the difference could be associated with increased fuel prices, and that we could be looking at different aspects of the project differently than the contractor. Goedecke stated that there is a large difference in the terrace gardens, planters and tree wells. Goedecke also stated that the rehabilitation of the clock was quite a bit higher than what was originally quoted to us. Goedecke stated that there may be some design changes that can be made that will bring the dollars where they need to be.
Huddleston asked why the cost of the terrace garden was so high. Goedecke stated that he probably missed the cost to form it. Goedecke stated that he would visit with the contractor to see what he can do with the terrace garden that will not include the fountain. Keefer stated that the cost of the fountain is $97,000.
Marr stated that fundamentally we have to find $118,000. Goedecke stated that we will have to review the engineer’s estimate to see where we underestimated and bring those numbers back at the next council meeting. Marr asked if there is anything pre-determined not to be an option for an alternate. Keefer stated that will only happen if we are not able to come back with a change order that will give us some flexibility.
Keefer stated that Staff feels that at a minimum we need to extend the work to 5th and 6th Streets and possibly 4th Street. Keefer stated that the fountain and cast iron poles may not be a realistic option. Marr asked if $1.938 million is basic, how are the alternates evaluated against federal requirements. Goedecke stated that the City cannot award the project as it is right now since the bid is over the estimate. Goedecke stated that if the estimate is adjusted and the project is awarded, the City will have to present change orders to lower the cost of the project by $150,000. Keefer stated that at that point the Governing Body will choose what alternates to include. Goedecke stated that we will have to make sure Bryant and Bryant Construction, Inc. agrees to the change orders.
Marr stated that to him, it appears the homework has to be a comparison of $1,938,953 to $1,822,213 and that none of that includes alternates. Keefer stated that was correct. Marr stated that from the standpoint of alternates plus design costs, there is an $116,000 difference between the bid and estimate. Marr stated that there is approximately $130,000 for engineering costs, so give or take that is about $250,000 that we will have to find to make up the difference. Marr stated that he was concerned that reconciling the bid to the estimate is one thing, but if there will be a recommendation for what alternates we can or cannot afford to do then that is a whole other discussion.
Keefer stated that as the bid stands, we do not have the ability to do the project. Keefer stated that we could do the project, but we would have to significantly lower the engineering costs. Keefer stated that if we want to consider any of the alternates, we should do that. But, we will need to have change orders to reduce the project cost so we will have funds for the alternates. Keefer stated that there is no way to do all of the alternates. We are going to have to pick and choose.
Marr stated that he is not satisfied with someone coming back with a set of numbers and not know what those numbers represent. Marr stated that the assignment is to understand the bid versus the estimate, cost of engineering, and then the alternates. Marr stated we should then look at what funding is available for those alternates, including sales tax funding. Keefer stated that there is currently $411,000 in the project fund and that he has identified another $89,000 from sales tax funding and other sources that will bring us up to our $500,000 match to bring the project to $2 million. Keefer stated that if we go above and beyond that, it will impact our ability to pay for other projects. Marr stated that there has been a lull in the amount that has been dedicated on brick streets, and that he would submit a one year moratorium on asphalt and dedicate those dollars to this project. Keefer stated that a lot of these costs are not street repair related. Keefer stated that none of the sidewalks, bump outs, or crosswalks would be eligible for sales tax funds. Keefer stated that it could partially apply to the work on 5th and 6th Streets. Keefer stated that we have commitments for repairs that have to be completed.
Marr inquired about the sewer repair project. Keefer stated that he is looking at sales tax, capital improvement, and other sources out there to help fund that project. Keefer stated that we need to come up with $150,000 to $200,000 for storm sewer and street repair. Keefer stated that he is not sure where we will get the funding from to do that project outside of the sewer line and the money that is available now. Marr asked if the State understands that. Keefer stated that the State only wants us to bypass the sewer line and doesn’t care about the rest of it. Keefer stated that we are only doing this now so we don’t have to tear it up twice.
Marr stated that the homework is to reconcile the bid to the estimate, design costs, and alternates and determine what is eligible for sales tax funding. Marr stated that it is important for the folks that have been planning on the Streetscape project to make sure we bring the project home. Keefer stated that has been the goal all along. Keefer further stated that the costs of the materials continue to escalate and the total cost of the project has increased over the last year or so. Marr stated that he does not want to arbitrarily exclude any alternates until we understand what the solution is to the basic bid compared to the estimate and what funding is available from sales tax. Huddleston asked if the fountain should be excluded. Marr stated that he does not want to exclude anything until we have cold hard facts. Goedecke stated that he doesn’t know how we can lower the price of the terrace garden area unless we take the fountain out. We have to change the design in order to lower the cost.
Huddleston asked if it will be structurally different with or without the fountain. Keefer stated that it would be because the original design included cascading waterfalls. Goedecke stated that the walls are a lot thicker for the fountain. Bill Morris stated that an access manhole would be needed for the fountain. Huddleston asked if it would still be irrigated if the fountain was not included. Keefer stated that it is the goal to include the irrigation. Leffler made a motion to table the bids and allow for Goedecke to look at the numbers and bring something back to the Council at the next meeting. Huddleston seconded the motion. Motion carried with Rawlings abstaining.
Westar Energy: Council considered authorizing the City Manager to execute a Letter of Agreement with Westar Energy for transfer of a section of their service territory to the City of Augusta. Rawlings made a motion authorizing the City Manager to execute a Letter of Agreement with Westar Energy for transfer of a section of their service territory to the City of Augusta. Chrislip seconded the motion.
Huddleston asked why we are not extending the territory on north to the city limits. Webster stated that Kaneb Pipeline has two 1000 amp service and that we do not feel we can handle that and Westar is not willing to give that up. Huddleston asked if it follows any plan for annexation. Keefer stated that when the time is right it will make it easier. Marr asked about already having lines out there. Keefer stated that there is really not much there to service. Webster stated that it is really just a matter of crossing the street.
Motion carried without opposition.
Keefer stated that Webster has been working with Westar on redefining the service territory for the future as we continue to grow, because there are areas we are already in conflict with now. Keefer stated that they seem willing to work with us to identify an area that better reflects our growth area for the future. Marr asked if we are using the growth area that is defined between us and the County as a guideline. Keefer stated that we are looking at the area immediately around the community. Keefer stated that we haven’t extended our service territory along the 54 Highway corridor. Keefer stated that we have to be careful because the further west we go the more expensive it will be to buy them out. Keefer stated that the river makes a natural barrier. Keefer stated that technically we already have an area in our community now that should be in Westar’s service territory and that they were surprised when they found out we had been servicing the area for a number of years. That prompted the discussion for coming up with a game plan.
Special Meeting: Leffler made a motion to schedule a special meeting for Monday, August 11, 2008 at 7 p.m. for the purpose of holding the public hearing for the proposed 2009 Budget, consideration of its adoption, and any related actions. Marr seconded the motion. Motion carried without opposition.
Informational Memorandum & Questions:
Huddleston – Huddleston referenced a letter from Butler County Economic Development stating we can establish our own NITU. Keefer stated that the property is still owned by Watco, but that they are open to giving the property to the City if that is what we want. Huddleston asked if we would own the property or just be a trail manager. Keefer stated that we would just be the trail manager. But, Keefer stated that the County has not taken action on this issue yet. Huddleston asked if the NITU refers to the City or the County. Keefer stated that we would be the trail manager NITU for this piece of property, but that the County will still own the property. Williams stated that it would only be if the City wants to clean up the property and maintain it. Keefer stated that we do not currently have the resources needed to clean up the property and maintain it. Keefer stated that there are drainage issues and weeds to contend with. Keefer stated that we would not own the property but would be responsible for the long term maintenance of it. Huddleston referenced the overgrowth. Keefer stated that it has not been taken care of for years and that it would require quite a bit of money to clean it up. Keefer stated that he would like to have an easement for utilities, but doesn’t know what else it would be used for.
Marr – Marr referenced the relocating of the Airport’s self fuel pump and asked if there were any concerns from the lessee. JJ Allen stated that the lessee preferred the north end closer to the terminal and vending machines, but that they are looking at alternatives such as outdoor vending machines. Marr asked if there is staff involvement in the 54 Corridor study. Keefer stated that he and Allen will be very involved in those discussions.
Final Comments:
Williams – Williams reminded everyone of the budget work session scheduled for July 28th at 7 p.m. at the Augusta Department of Public Safety. Keefer stated that pizza will be provided.
Huddleston – Huddleston asked if there was any idea when the gas company will be finished with their work downtown. Keefer stated that Dan Allen has been working with them and that they have estimated that they will be done by the end of July. Huddleston referenced a no parking sign at the intersection of Dearborn and 12th Street approximately 10 to 20 feet south of the curb. Keefer stated that he would look into that.
Marr – Marr stated that he received a request for Docking Park to be cleaned up. Marr also stated that he received a call about visibility issues at the intersection of Dearborn and Summit due to tree and plant overgrowth. Marr asked about an ordinance about RV parking. Keefer stated that we are moving forward on this. Marr asked if we could expect to see something at the next couple of meetings. Keefer stated that it will be going to the Planning Commission in September.
Griffith – Griffith asked if there is any way to lower the traffic signal at the intersection of Kelly and Ohio. Mr. All stated that there was a stop line there at one time and that if you stop at that line you can see the lights. Keefer stated that we may need to look at repainting the stop line.
Rawlings – Rawlings stated that he has received calls on the lack of progress being made with the levee. Rawlings stated that he would like the public to know that we have been working on this since 1999 and that we are at the mercy of the federal government and the Corps of Engineers. Rawlings stated that he has really been amazed by the comments of people who don’t think we are doing anything. Keefer stated that we have spent hundreds of thousands of dollars on this, and have been setting money aside to help with the next step, which will be property acquisition. Keefer stated that we have a service agreement with Goedecke to identify all of the property owners, obtain all of the legal descriptions, and provide the mapping. Keefer stated that every time we turn around we have a problem. Keefer stated that Webster has been working to identify all of the pipelines. The whole west end of town by Dike Road and all along the levee there are pipeline easements all over the place. Keefer stated that we are trying to identify all of the utilities and pipelines, and may have to move Dike Road further west to get out of the pipeline easement. We are waiting on information from the Corps of Engineers that will better identify where the road will be. Keefer stated that we will have a lot more of these types of surprises as the project continues to move forward.
Adjourn: At 9:02 p.m. Rawlings made a motion to adjourn. Harper seconded the motion. Motion carried without opposition.
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