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CITY COUNCIL
JUNE 2, 2008
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on June 2, 2008, with Mayor Kristey Williams presiding. Council present were Holly Harper, Michael Huddleston, Michael Wallace, Tom Leffler, Mike Rawlings, Robert Griffith, and Roger Chrislip. Councilman Douglas Marr was absent. Also present: Assistant to the City Manager JJ Allen, Inspector Dan Allen, City Attorney David All, and City Clerk Erica Jones. Visitors present were: Michael McDermott, Charley Havice, J.T. Klaus, Martin Coffman Sr., Martin Coffman Jr., Galen Nelson, Ron Gordon, and Terri Bradshaw.
Prayer: Father Michael Schemm, St. James Catholic Church gave the invocation.
Minutes: Minutes of the May 19, 2008 council meeting were reviewed. Harper made a motion to approve the Minutes of the May 19, 2008 council meeting. Wallace seconded the motion. Motion carried without opposition.
Appropriations:
May (5A): Council considered appropriations in the amount of $420,084.63. Griffith inquired about the payment to Double Check in the amount of $2,689.97. JJ Allen stated that a bulk fuel pump motor at the Airport had to be replaced. Griffith inquired about the payment to Gilmore & Bell in the amount of $13,829.13 and asked if that amount was included in the cost of issuance. Jones stated that it was for the issuance of the Series 2008 A and 2008 B bonds and that it was included in the cost of issuance amount for each of the projects. Griffith inquired about the payment to Interstate All Batteries in the amount of $4,615.56. Allen stated that it was for the replacement of 30 batteries at the Water Plant. Griffith inquired about how often the batteries have to be replaced. Rawlings stated that they have to be replaced every five years. Griffith inquired about the payment to Mi-Te Electric in the amount of $30,997.03 for maintenance to the Swimming Pool. Allen stated that the description was misleading. Allen stated that approximately $29,000 was for repairs at the Water Plant needed as a result of the plant flooding. Rawlings stated that only around $1,800 was for repairs at the Swimming Pool and it was a result of a motor failure. Chrislip made a motion to approve Ordinance 5A in the amount of $420,084.63. Griffith seconded the motion. Motion carried without opposition.
Huddleston asked what caused the flood at the Water Plant. Allen stated that it was caused by equipment failure and that we lost all controls which led to the basement flooding. Allen stated that the failure did not trigger the alarm. Huddleston asked if there are controls in place to prevent it from happening again. Rawlings stated that there was a combination of errors that led to the flooding, but that the equipment failed causing a loss of all control of opening or closing the valves. Rawlings stated that even if the alarm was triggered, it would not have prevented the flooding because water was coming in at 2,400 gallons per minute. Allen stated that an insurance claim has been filed and that all of the expenses incurred as a result of the plant flooding have been submitted to the insurance company.
Visitors: At this time, Mayor Williams stated that Charley Havice, on behalf of the American Legion, had requested that she present a special award to Councilman Wallace naming him the 2008 Living Legend. Wallace was thanked for his service and for his participation in the Memorial Day celebration at Elmwood Cemetery.
New Business:
Brookside Senior Residences: Council considered approval of a Resolution approving an amendment to the bond agreement between the City, Brookside Senior Residences and Emprise Bank. Wallace made a motion to approve Resolution 2008-06 approving an amendment to the bond agreement between the City, Brookside Senior Residences, and Emprise Bank. Rawlings seconded the motion. Motion carried without opposition.
Public Hearing: Council conducted a public hearing to take input on the proposed issuance of industrial revenue bonds in the amount of $4,000,000 for the acquisition and installation of machinery and equipment for D-J Engineering. After receiving no public comments, Williams closed the public hearing.
Council considered an ordinance authorizing the issuance of the industrial revenue bonds. Chrislip made a motion to approve Ordinance 1963 authorizing the issuance of industrial revenue bonds in the amount of $4,000,000 for the acquisition and installation of machinery and equipment for D-J Engineering. Harper seconded the motion. Motion carried without opposition.
Internal Improvements: Council considered multiple Resolutions of Advisability for internal improvements for Stone Lake Estates Phase 3 and Belmont Place 3rd Addition.
Wallace made a motion to approve Resolution 2008-07 determining the advisability of the making of Water Distribution System Improvements for Stone Lake Estates, Phase 3. Rawlings seconded the motion. Motion carried without opposition.
Rawlings made a motion to approve Resolution 2008-08 determining the advisability of the making of Sanitary Sewer Extension Improvements for Stone Lake Estates, Phase 3. Harper seconded the motion. Motion carried without opposition.
Griffith made a motion to approve Resolution 2008-09 determining the advisability of the making of Street Improvements for Stone Lake Estates, Phase 3. Rawlings seconded the motion. Motion carried without opposition.
Chrislip made a motion to approve Resolution 2008-10 determining the advisability of the making of Water Distribution System Improvements for Belmont Place 3rd Addition. Leffler seconded the motion. Motion carried without opposition.
Wallace made a motion to approve Resolution 2008-11 determining the advisability of the making of Sanitary Sewer Extension Improvements for Belmont Place 3rd Addition. Harper seconded the motion. Motion carried without opposition.
Leffler made a motion to approve Resolution 2008-12 determining the advisability of the making of Street Improvements for Belmont Place 3rd Addition. Chrislip seconded the motion. Motion carried without opposition.
Zoning: Council considered approval of an ordinance changing the zoning classification for a tract of land located in the City’s Growth Area from Agricultural to Residential 6A. Wallace asked Martin Coffman Jr. if he in fact only wanted 4 acres to be rezoned. Coffman Jr. stated that was correct and that he wanted the remaining 40 acres to stay zoned as agricultural. Chrislip asked if there were any protests. Coffman Jr. stated that he had received signatures from all but 6 of the surrounding property owners. JJ Allen stated that when the Planning Commission held their public hearing there was one person present who opposed the zoning change. Allen stated that the Planning Commission heard his input, but still gave their approval for the change in zoning classification. Allen stated that the individual protesting was made aware of how to file a protest petition, but did not file one. Huddleston stated that the County Commission minutes stated that this zoning classification change conforms to their comprehensive plan and asked if it conforms to the City’s. Allen stated that it does. Wallace made a motion to approve Ordinance 1964 changing the zoning classification for a tract of land located in the City’s Growth Area from Agricultural to Residential 6A. Harper seconded the motion. Motion carried without opposition.
Fireworks: Council considered an ordinance amending Chapter 7 of the Augusta City Code to make the discharge of fireworks lawful on January 1st from 12:00 midnight to 12:15 a.m. Chrislip made a motion to approve Ordinance 1965 making the discharge of fireworks lawful on January 1st from 12:00 midnight to 12:15 a.m. Harper seconded the motion. Motion carried with Leffler opposing. Griffith asked if we were limiting what could be discharged and what affect that would have on July 4th. Allen stated that the only changes to the ordinance were to allow for fireworks to be discharged on January 1st for 15 minutes. Allen stated that the same restrictions on the type of fireworks apply to January 1st as to July 4th.
Housing Authority Board: Council considered confirming the appointments of Bill Shriver and Terri Todd to the Housing Authority Board. Griffith made a motion to confirm the appointments of Bill Shriver and Terri Todd to the Housing Authority Board. Huddleston seconded. Motion carried without opposition.
Cereal Malt Beverage License: Council considered approval of a Cereal Malt Beverage License for Smokin’ Bubba’s. Chrislip made a motion to approve a Cereal Malt Beverage License for Smokin’ Bubba’s. Wallace seconded the motion.
Huddleston asked if the application met the requirements of the ordinance for a cereal malt beverage license. Jones stated that it did, except that the application was not received ten days prior to the Council meeting, but that almost all previous applicants had not met the ten day requirement. Jones indicated that it was her error that the application had not been received in time because she was not aware that the ten day period is mandatory. Jones stated that she gave the applicant a deadline to submit the application that did not meet the ten day period. Huddleston recommended amending the ordinance. Wallace agreed. Williams asked how often the ten day requirement is met. Jones stated that at the end of the year, applicants are given a specific date to have their applications submitted by, but that new applicants throughout the year have been told that they have to have it submitted in enough time for it to be reviewed and approved by the Safety Department. Wallace stated that as the ordinance currently stands, the Council will be breaking it if they vote on this issue. Williams stated that it is important for the applicant for the Governing Body to act in a timely manner. Wallace asked how the Council is supposed to enforce the rules if the Governing Body is breaking them.
Chrislip asked if by approving the license if the Governing Body is breaking an ordinance. Mr. All stated that approving the license would be against the ordinance. Mr. All stated that the ordinance could be changed to allow for the Governing Body to waive the ten day period. Huddleston stated that it is wrong of the Governing Body to make laws, but not follow them themselves. Mr. All stated that as the ordinance is written, the Governing Body may not review the application if it is not received ten days in advance of the meeting. Williams stated that we should not penalize the applicant for Staff error. Wallace asked that an amended ordinance be on the agenda for the next meeting. JJ Allen stated that shouldn’t be a problem. Huddleston stated that if the Governing Body passes an ordinance that holds citizens to certain standards, then they too should be held to those same standards.
Motion failed with Griffith voting for the motion and Harper, Wallace, Leffler, Rawlings, Huddleston, and Chrislip voting against the motion.
Wallace made a motion to table this issue until the June 16th meeting. Leffler seconded the motion. Motion carried with Griffith opposing.
Planning Advisory Committee: Council considered designating a member of the Governing Body as a representative on the Planning Advisory Committee for the Runway Feasibility Study project. Huddleston stated that it would be his recommendation to designate Leffler as the Governing Body representative on the Planning Advisory Committee. There was no objection. Williams asked when the meetings are held. Allen stated that they will be held during the day.
Informational Memorandum & Questions:
Wallace – Wallace stated that according to the informational memorandum, it only cost the City $4,000 for the citywide clean-up. Wallace asked what types of metals were sold for recycling that generated $14,000 in revenue. Dan Allen stated that he asked the Sanitation Supervisor to have his staff separate out the aluminum as it was coming in, because he was aware that it was selling at $0.70 per pound. Allen stated that aluminum made up the big majority of what was sold for recycling, but that it also included bicycles, refrigerators, etc. Allen stated that he did not see very much copper though. Wallace asked if the metals were sold in El Dorado. Allen stated that they were sold in Wichita.
Final Comments:
Williams – Williams stated that the emails have been great and thanked Chief Brewer for setting them up. Williams stated that she has received quite a few emails, including one requesting information on funding for neighborhood watch programs. Williams stated that she was also contacted by someone who has a petition for a dog park. Williams stated that the person with the petition will be present at the Grasshopper Festival this weekend. Griffith stated that he had been contacted by this same person and that he had asked her who would be responsible for maintaining the park. Griffith stated that the person told him a committee would be formed for that purpose. Griffith stated that he would not want to have the City responsible for maintaining this.
Huddleston – Huddleston stated that the intersection at Dearborn and Santa Fe looks very good. Huddleston stated that he has not heard anything about returning to the item of acquisition of the rail road property. JJ Allen stated that the last he heard, we were waiting on word from the County. Allen stated that he was told there was a stretch of the property that was out of the control of the County. Huddleston asked that Staff keep the Council informed on this.
Rawlings – Rawlings stated that he was contacted by a property owner that stated when it rains hard, there is a lot of water in the area of Shirley and State streets. Rawlings stated that this is something that has been discussed before and that it is being worked on, but that this has always been a problem area and will take some time to address.
Wallace – Wallace stated that there was information in the packet from the County about Lake Bluestem, and wanted to know if that will mess with our plans for a reservoir. Griffith stated that he believed it was just about the history and an endowment for the existing lake. Williams stated that the information was just a historical story and was not generated by the County. Wallace stated he just wants to make sure that it doesn’t mess up the plans we have. Wallace stated that the Prairie Travelers had contacted the Council and that we don’t currently have control over that portion of rail road. Wallace stated that he doesn’t know if that is something we want to consider before putting a lot of thinking into it. Wallace stated that we want to use that for public access. Wallace further stated that the Railroad reserves the right to reinstall the rail line at anytime if they choose to. JJ Allen stated that there are still some rights retained by the Railroad. Williams stated that she understood that the Prairie Travelers just want to connect them since a lot of them are being abandoned. Williams stated that they were stating that if we did turn it into a bike path they would like us to try to connect it with another community. Wallace stated that he just wanted to make sure before we build anything.
Adjourn: At 8:10 p.m. Wallace made a motion to adjourn. Harper seconded the motion. Motion carried without opposition.
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