City of Augusta Kansas

Tradition, Pride, Progress

Minutes 5-05-2008 PDF Print E-mail
Meeting Minutes Archive - City Council Minutes 2008
Written by Erica Jones   
Monday, 05 May 2008 00:00

CITY COUNCIL

MAY 5, 2008

7:30 P.M.

 

The Council of the City of Augusta, Kansas met in regular session on May 5, 2008, with Mayor Kristey Williams presiding.  Council present were Holly Harper, Douglas Marr, Michael Huddleston, Michael Wallace, Tom Leffler, Mike Rawlings, Robert Griffith, and Roger Chrislip.  Also present:  City Manager Bill Keefer, Assistant to the City Manager JJ Allen, Park Superintendent Cy Ricker and City Clerk Erica Jones.  Visitors present were:  Michael McDermott, Bill Morris, Harold White, Wade Wilkinson, JT Klaus, Julie Roller, Eric Grooms, and Rich Trease.

 

Prayer:  Pastor Fred Becker, Central Baptist Church gave the invocation.

 

Minutes Council:     Minutes of the April 21, 2008 council meeting were reviewed.  Harper made a motion to approve the Minutes of the April 21, 2008 council meeting.  Wallace seconded the motion.  Motion carried without opposition.  

           

Appropriations:                         

April (4B):        Council considered appropriations in the amount of $277,036.61.  Wallace inquired about the payment to Cusip Service Bureau in the amount of $526.00.  Jones stated that it was filing fees for the recent bond issue.  Marr inquired about the payment to Alan’s Excavating in the amount of $3,000 for work at the City Dump.  Keefer stated that it was for hauling dirt for the City Dump clean-up project.  Huddleston inquired about the payment to the Butler County Treasurer for property taxes in the amount of $3,786.30.  Allen stated that it was for a small hangar that used to be privately owned, but is now owned by the City.  Allen stated that the previous owner had delinquent taxes on the property and that if they were not paid the property would have gone up for a tax sale.  Allen stated that the City could have either paid the delinquent taxes or allowed it to be sold.  Allen stated that it was decided to pay the delinquent taxes since we would be able to make that money back by renting out the hangar.  Huddleston asked if we would be pursuing those back taxes from the previous property owner.  Allen stated that staff spoke to the City Attorney and that it would not be feasible to do that.  Allen stated that staff will be filing for an exemption of future property taxes on that property.  Marr made a motion to approve Ordinance 4B in the amount of $277,036.61.  Harper seconded the motion.  Motion carried without opposition.

 

 

Visitors:            Harold White, owner of Harold’s Barbershop, addressed the Council.  White stated that it has been proposed to close the north drive for his business and that he would oppose that.  White stated that it is rare for businesses to have multiple drives downtown, and that is why he purchased that property.  White stated that the drive is used by people who have bad hips or knees and cannot walk far or do not want to walk far.  White stated that closing the drive would cause his patrons to have to park further away and walk further to enter his business.  White stated that occasionally the drive to the south is blocked by a vehicle and the north drive is used as a second drive.  White stated that it has been said that a reason to close it is that it is dangerous and vehicles would have to pull out 10 feet into the roadway, but that there is 20 feet of clearance before you enter into the traffic moving to the south.  White stated that he felt this was a safe amount of space.  White said the other reason given for closing the drive is that leaving it open will destroy the looks of the downtown.  White stated that he has asked to be presented with what would be changed, but that he was told it would be hard to explain.  White stated that he hoped his 10 foot drive would not damage a $2 million project.  White stated that it is very important to have handicap parking spaces available and that he has a lot of people that use the drive for that purpose.  White stated that if he lost one customer a day that would add up to a weekly loss of $40.  White stated that he purchased this property after having parking problems at two other locations downtown.  Williams told White that she appreciates him sharing his concerns and that the Council will give it their consideration.

 

Old Business:

Airport Fuel:      Griffith made a motion to reschedule the Airport self serve fuel work session for Monday, May 19th, at 6:30 p.m.  Chrislip seconded the motion.  Motion carried without opposition.

 

New Business:

IRB’s:     Council considered approval of a Resolution stating the City of Augusta’s intent to issue Industrial Revenue Bonds in an amount not to exceed $4 million for the purchase and installation of machinery and equipment on behalf of DJ Engineering.  Chrislip stated that the way he understood this, there would be no risk to the City.  Keefer stated that is correct.  Huddleston asked if it affects the tax rolls.  Keefer stated that it does not.  Chrislip made a motion to approve Resolution 2008-04 stating the City of Augusta’s intent to issue Industrial Revenue Bonds in an amount not to exceed $4 million for the purchase and installation of machinery and equipment on behalf of DJ Engineering.  Huddleston seconded the motion.  Motion carried without opposition.

 

Petitions For Improvements:     Council considered petitions for Internal Improvements for Stone Lake Estates, 3rd Phase and Belmont Place 3rd Addition.  Leffler stated that if the City is making the change from 15 years to 20 years on special assessments, they should consider requiring a formal letter or credit.  Leffler stated that it will take longer for the City to get the money back and we would be extending our risk by five years.  Huddleston stated that the letter from Augusta Developers asks the City to extend the specials to 20 years for all future improvements.  Keefer stated that is correct and that once the Council approves 20 year specials it will be hard to go back to 15 year specials.  Huddleston stated that the streets will be deteriorating before they are fully paid for.  Keefer stated that if the streets are maintained with seal coats and crack filling, they can last 20 years.  Williams stated that we have to look at the option of extending specials to 20 years, or there may not be any developers willing to build in our community.  Huddleston stated that this would be an issue in Andover as well.  Williams stated that Andover is a completely different machine.  Keefer stated that Andover and Rose Hill are both still issuing 15 year specials, but down the road they may have to consider this too.  Keefer stated that costs have grown significantly and this is a policy decision that it is up to the Governing Body.  Keefer stated that the negatives are that by extending the specials to 20 years the property owner will have to pay more in interest, but the positive side is that it makes building in Augusta more attractive to developers.  Leffler asked how we would address the letter of credit.  Leffler stated that it would not be a bad idea to have a better situation for backing the money.  Williams stated that a personal guarantee takes it back to their personal finances.  Keefer stated that there will be several opportunities to revisit this issue, including the Resolutions of Advisability and when bids for the improvements are reviewed.  Keefer stated that other cities require a letter of credit at the time of the bids based on the cost of the project.  Keefer stated that there would be more opportunity to implement it if that is the route the Governing Body wants to take.

 

            Eric Grooms of Augusta Developers stated that the City is in a better position with a personal guarantee than with a letter of credit.  Grooms stated that after 50% occupancy the letter of credit will go to zero.  Leffler stated that there is nothing showing us your ability to repay the debt.  Leffler stated that it would be like taking a signature loan.  Groom stated that if someone were doing several improvements, he would see the point.  But, there is a 2% fee annually for the letter of credit.  Leffler asked Grooms what his position would be if the Council decided to require a letter of credit.  Grooms stated that he would like to talk about it.  Grooms stated that he does not have a problem with the City reviewing their financials, but that requiring a letter of credit would add a cost to the developers.  Leffler stated he thinks this should be looked at further.  Keefer stated that he agrees it would be a good idea to sit down and discuss this more in depth.  Keefer stated that the Council could have the opportunity to review their financials, but that there has never been a concern with the current developers repaying their debt.  Leffler stated that if it were a new developer there could be a different set of rules.  Grooms agreed.  Williams stated that there appears to be interest in discussing this further.  Wallace stated that he has the same concerns as Leffler about new developers coming to town.  Keefer stated that he will set up a meeting with Grooms and Wade Wilkerson and come back to the Council with some other options.  Marr referred to the request for the existing specials to be extended to 20 years.  Keefer stated that he strongly recommends against it.  Grooms stated that he would not advise that either.  Marr asked about the increase in payments on the debt for the property owners if it is extended to 20 years.  Grooms stated that it would be $20-$25 a month increase. 

 

            Chrislip made a motion to approve the petition for Water Improvements for Stone Lake Estates, 3rd Phase.  Leffler seconded the motion.  Motion carried without opposition.

 

            Rawlings made a motion to approve the petition for Sanitary Sewer Improvements for Stone Lake Estates, 3rd Phase.  Harper seconded the motion.  Motion carried without opposition.

 

            Leffler made a motion to approve the petition for Street Improvements for Stone Lake Estates, 3rd Phase.  Chrislip seconded the motion.  Motion carried without opposition.

 

            Chrislip made a motion to approve the petition for Water Improvements for Belmont Place 3rd Addition.  Leffler seconded the motion.  Motion carried without opposition.

           

            Rawlings made a motion to approve the petition for Sanitary Sewer Improvements for Belmont Place 3rd Addition.  Huddleston seconded the motion.  Motion carried without opposition.

 

            Marr made a motion to approve the petition for Street Improvements for Belmont Place 3rd Addition.  Chrislip seconded the motion.  Motion carried without opposition.

 

Grant Offer:     Council considered acceptance of a Grant Offer from the FAA for a Runway Feasibility Study.  Huddleston referenced item #9 on page 3 of the grant agreement titled “Trafficking in persons”.  Huddleston said that he is unsure of what they are addressing here, but we are not going to do this are we.  Allen stated no.  Wallace asked if we accept this grant money, how much more control is the federal government going to have.  Allen stated that they would not have any more control then they already have.  Allen stated that because we have accepted these funds before we are obligated to the federal government.  Allen stated that it restricts the City from selling the airport.  Marr asked that a schedule and updates be provided to the Council.  Chrislip made a motion to accept a Grant Offer from the FAA for a Runway Feasibility Study.  Huddleston seconded the motion.  Motion carried without opposition. 

 

2008 Street Maintenance:  Council considered bids for the asphalt overlay portion of the 2008 Street Maintenance Program.  Chrislip made a motion to approve the bid from APAC-Kansas, Inc. in the amount of $142,321.85 with the alternate bid of $32,570.20 for a total of $174,892.05.  Wallace seconded the motion.  Motion carried without opposition.

 

Entrance Signs:  Marr made a motion to approve a proposal from Williams Morris Associates for design, bid and inspection services for two entrance signs in the amount of $2,083.  Leffler seconded the motion.  Motion carried without opposition.

 

Swimming Pool Fees:  Council considered approval of Pool User Fees for the 2008 season.  Rawlings made a motion to approve the proposed fee structure for the Swimming Pool for the 2008 season as recommended by the Park Board:                       

 

            Child’s Daily Ticket       $1.75                Ages 5-12

            Adult Daily Ticket         $2.50

            Child’s Season Pass      $35.00              Ages 5-12

            Adult Season Pass         $40.00

            Family Season Pass       $50.00              Up to 2 members

                                                $55.00              3 Members

                                                $60.00              4 Members

                                                $65.00              5 Members

                                                $70.00              6 Members

                                                $75.00              7 Members

                                                $80.00              8 Members

                                                $85.00              9 Members

                                                $90.00              10 or more members

            Swimming Lessons        $25.00              1st child

                                                $20.00              2nd child

            Private Parties              $70.00              30 swimmers or less

                                                $90.00              31-75 swimmers

                                                $110.00             76 or more swimmers

            Party Reservation          $25.00              To be paid when the reservation is made

 

 

Harper seconded the motion.  Motion carried without opposition.

 

Public Facility Naming:  Council considered approval of a policy related to naming public facilities.  Wallace asked how the Kerry Unrein Stage was named.  Keefer stated that the request was made to the Governing Body by the Chamber of Commerce.  Keefer stated that Unrein was Chamber President at that time and did a lot of work obtaining funding and materials for the stage to be built.  Marr stated that would be an example of item #6 under Section 4.  Allen stated that it would need Council approval, but that the Council could choose not to hold a public hearing.  Keefer stated that the Governing Body will make the ultimate decision.  Williams stated that there has not been a policy in place for this.  Keefer agreed.  Marr stated that item #6 in Section 4 needs to be reworded to remove “Except in...”.  Allen stated that the wording could be changed to read “The City Council shall conduct a public hearing to solicit input regarding a renaming proposal.  However, the Council may waive the public hearing requirement in the case of significant contributions.    Wallace made a motion to approve the policy related to naming public facilities with the proposed change to item #6 under Section 4.  Marr seconded the motion.  Motion carried. 

 

Informational Memorandum & Questions:

 

Wallace – Wallace asked if Butler County has gotten back with the City of the right of way issue.  Keefer stated that they have not.

 

Marr – Marr stated that the Butler County Board of Commissioners minutes referenced the rezoning of property in Augusta located at 139th SW Hwy 77.  Keefer stated that it was an old gas station outside of the city limits.  Marr stated that the same minutes referenced a conditional use permit to extend cemetery property.  Marr stated that they made reference to the County’s Comprehensive Plan.  Marr asked where we are on City’s comprehensive plan.  Keefer stated that we are looking at extending our growth area four miles to the west.  Marr asked if the comprehensive plan would include the growth to the west.  Keefer stated that it would.

 

Chrislip – Chrislip asked regulations regarding camping trailers on a residential lot are included in the current zoning regulations.  Keefer stated that the governing body would have to direct staff to put that back in there.  Keefer stated that in accordance with zoning regulations, a public hearing would have to be held by the Planning Commission.  Huddleston stated that the regulations included in the packer refer to parking them on the setback and asked if this is different from the easement.  Keefer stated that it is.  Chrislip stated that the trailer that he is aware of has its tongue almost in the street.  Keefer stated that there are several places where there are large trailers and campers parked in the side setback, and several boats parked in driveways.  Huddleston stated that it is worth looking at.  Williams stated that we still have the signage issue and sidewalks on the table and have not yet moved forward on these.  Keefer stated that the inspection staff is doing a block by block survey of sidewalks and are rating them based on their condition.  Keefer stated that once that survey is completed, staff will be bringing the results to the Governing Body. 

 

Marr – Marr inquired about the letter in response to KDHE regarding the relief sewers and the reference to Santa Fe Street.  Marr asked if we will have to tear up streets we have replaced.  Keefer stated that we will on some of them.  Keefer stated that we are working to see what we can do to combine the projects so we don’t have to tear them up twice, but that the cost of the Streetscape project may prohibit that.  Marr stated that he is concerned about tearing up streets that have been repaired already, or tearing them up twice.  Keefer agreed and said that the goal is still to try to do those at the same time. 

 

Wallace – Wallace referenced the letter from Martin Goedecke about the bid process for the Streetscape project.  Goedecke stated that the bid will be awarded on the base bid.  That way, the Council has the option to pick and choose which alternates to do.  Goedecke stated that this will give the City flexibility, but that means you may not have the overall low bid.  Goedecke stated that the other option would be to prioritize the alternates, and they would have to be completed in that order.

 

Williams – Williams reminded everyone of the Vision Group Meeting scheduled for May 13th at 7:00 p.m. at the Augusta High School.  Williams stated that this would be the last meeting and stated that it would be great for council members to attend.  Williams stated that if any of the Council has any thoughts on Harold White’s comments, to let staff know.

 

Huddleston – Huddleston stated that he received a letter that water meter progress will start on April 21st, but that it hasn’t.  Huddleston stated that there is a proposed start date for the Streetscape project of September 1st, but that there are still several meters in the 500 block and all of the 400 block remaining.  Huddleston stated that even if those meters are installed by August, there could be leaks.  Huddleston stated that we need to get the meters installed as soon as we can so there will be time to locate any leaks.

 

Wallace – Wallace asked if we are squared away on the Mulvane waterline leaks.  Keefer stated that it is not entirely taken care of.  Keefer stated that we are coordinating with the County for assistance on this project.  Keefer stated that there is still one smaller leak further down the line.

 

Marr – Marr asked if the bank reconciliation is current.  Jones stated that it is and that the annual audit was started today.  Marr asked if the legislation on chain email would be cause to rethink the new email process.  Keefer stated that the legislation refers to serial meetings and that you have to be very careful.  Keefer stated that the purpose of the email is to have a method for citizens to contact the governing body, not for discussion to occur amongst the members of the governing body.  Williams stated that you cannot call or email each other to obtain a tally or majority.  Keefer stated that he has not seen the actual legislation, but that he recommends that the Council be cognizant of perception versus reality.  Marr stated that we need to revisit the issue of parking downtown.  Marr stated that there are a lot of employees and tenants parking on State Street.  Marr stated that we may need to ask DAI or someone to look at that issue.  Keefer stated that we did place a moratorium on the two hour parking and have asked DAI for recommendations.  Marr stated that he thinks it is a good thing to pursue this.  Marr gave the Safety Department kudos for assisting neighborhood folks looking for a missing pet.  Marr stated that they were able to locate the pet and return it.  Marr stated that he ran into a visitor from Illinois who said that Augusta felt like a nice little town and that they were glad they stopped in for lunch. 

 

 

 

Adjourn:  Marr made a motion to adjourn.   Wallace seconded the motion.  Motion carried without opposition.