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CITY COUNCIL
APRIL 21, 2008
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on April 21, 2008, with Mayor Kristey Williams presiding. Council present were Holly Harper, Douglas Marr, Michael Huddleston, Michael Wallace, Tom Leffler, and Robert Griffith. Absent were Mike Rawlings and Roger Chrislip. Also present: City Manager Bill Keefer, Assistant to the City Manager JJ Allen, Electric Utility Director Bill Webster, Electric Distribution Superintendent Tim Davis, City Attorney David All and City Clerk Erica Jones. Visitors present were: Michael McDermott, Bill Morris, Willis Wilson, and Phil Roberts.
Prayer: Pastor Ken Beckner, First Southern Baptist Church gave the invocation.
Minutes Council: Minutes of the April 7, 2008 council meeting were reviewed. Marr made a motion to approve the Minutes of the April 7, 2008 council meeting. Wallace seconded the motion. Motion carried without opposition.
Appropriations:
April (4A): Council considered appropriations in the amount of $552,783.55. Griffith inquired about the payment to Overhead Door Company. Keefer stated that two doors were replaced at the Street Department. Webster stated that there was one door replaced at the South Power Plant. Griffith made a motion to approve Ordinance 4 in the amount of $552,783.55. Harper seconded the motion. Motion carried without opposition.
New Business:
Access Agreement: Council considered approval of an Access Agreement with Williams Petroleum, Inc., for soil and groundwater monitoring activities on City-owned property. Williams stated that item #7 in the agreement states that Williams Petroleum will provide copies of the results upon request, and that she would like to see those results. Phil Roberts with Williams Petroleum, Inc. stated that they certainly could provide those results. Marr asked if any sampling will be done in the run-off area opened up to D J Engineering on 5th Street. Keefer stated that the sampling will be done south of the wastewater plant. Wallace stated that two of the wells are or will be where McClure farms the property. Keefer stated that Williams Petroleum will try to minimize damage to the field, and that it is to their advantage to stay out of the crops. Griffith asked if this is Williams Petroleum’s answer to the EPA, not the City’s. Keefer agreed and stated that Williams Petroleum is only asking for access to the property. Huddleston made a motion to approve an Access Agreement with Williams Petroleum, Inc., for soil and groundwater monitoring activities on City-owned property. Harper seconded the motion. Motion carried without opposition.
Engineering Services: Council considered approval of an Engineering Services Agreement with Aqua Tech Engineering for a WWTP Sludge Study. Griffith asked if these results would be needed to feed our litigation. Keefer stated that he is not sure how to answer Griffith’s question. Keefer stated that certainly one of the issues that pertain to the litigation is sludge, but that the issue will have to be addressed regardless of the outcome of the litigation. Keefer stated that he understood there was a concern about whether there is an overlap in Aqua Tech’s services and that he relayed that concern to Willis Wilson. Wilson stated that there are inadequate storage facilities for de-watered sludge. Wilson stated that the efforts or results that come out of the study could be used in the litigation by either side. Wallace asked how long the study would take. Wilson stated 90 days. Wilson stated that the study will quantify exactly what we have for sludge. Wilson also stated that he wants input from KDHE and needs to set a time to visit other facilities to see what technology and equipment is available. Williams asked if the study would produce all new support material. Wilson stated that is correct, and if this study were not done there would be additional information needed for the litigation. Wallace made a motion to approve an Engineering Services Agreement with Aqua Tech Engineering for a WWTP Sludge Study. Harper seconded the motion. Motion carried without opposition.
Bids: Council considered bids for a mini derrick unit for the Electric Distribution Department. Leffler asked Webster to share the picture of the unit with the trailer and to describe how useful the unit will be. Huddleston inquired about the fully proportional remote control. Webster explained that the remote allows the equipment to be operated from the bucket. Williams asked if the equipment will help save time. Webster stated that it would and that it would give easier access to the lines. Keefer stated that it would save time with access and also cause less damage to yards. Leffler made a motion to approve the bid from Nesco Sales in the amount of $114,862.00, and to pay the additional $15,000 not allocated in the budget out of one of the other line items from the Distribution budget. Wallace seconded the motion. Motion carried without opposition.
Appointments: Council considered approval of the Mayor’s appointments to various City Boards and Committees. Huddleston stated that when he reviewed the persons on each of the boards it became apparent that Ward 2 is not represented on any of the boards. Wallace stated that we haven’t completed the discussion of creating a committee with the School Board. Huddleston made a motion to table the Board and Committee appointments until there has been time to review it a little more. Wallace seconded the motion.
Huddleston stated that in getting the council packet on Friday there is not enough time to review the information. Huddleston stated that there was discussion last year recommending that the Executive Director of Main Street be appointed to the Main Street City Design Committee. Williams stated that those appointments are made in September and that the only appointments being considered tonight are those that expire in April.
Mr. All recommended that the Official City Depository, Newspaper, and Auditor be approved tonight as those expire in April and there will not be another opportunity to appoint them until May. Williams stated that the Housing Authority and Library Boards would also need approved as they meet monthly and they each have appointments expiring.
Wallace stated that Rawlings had spoken to him in the past about how much time he spends on City business and that Wallace wondered if he would want to be re-appointed to the Board of Licensing Examiners. Williams asked staff how often the Board of Licensing Examiners meets. Keefer stated that they only met once last year and it is always led by a councilmember.
Keefer stated that it is difficult to find people to serve on the Planning Commission, especially the two members that have to reside outside of the city limits. Wallace stated that he still wants to look at a committee with the School Board. Keefer stated that he is still working with Superintendent Lentz to establish a committee.
Keefer stated that there is not resolution authorizing the Park Board and designating the terms, etc. Huddleston asked if it time to look at drafting a resolution. Keefer stated that one should be drafted before the appointments next year. Huddleston stated that he would like to serve on the Park Board. Huddleston withdrew his motion to table the appointment and Wallace withdrew his second of the motion. Leffler made a motion to approve the Mayor’s appointments to various City Boards and Committees with Huddleston added to the appointments to the Park Board. Harper seconded the motion. Motion carried without opposition.
Policies: Council considered approval of policy pertaining to Employee Fraud. Marr asked if these policies will be included in the personnel manual. Allen stated that they will be given to the current staff and added to the manuals given to new employees as an addendum. Allen stated that they will be worked into the manual when it is updated. Wallace stated that the policy does not address criminal action. Mr. All stated that criminal action goes without saying and that most policies don’t address criminal actions. Mr. All stated that if there were a criminal act it would be handled by the county court. Huddleston made a motion to approve the policy pertaining to Employee Fraud. Wallace seconded the motion. Motion carried without opposition.
Council considered approval of a policy pertaining to Employee use of City-owned Computer/Internet/E-Mail. Wallace stated that the policy does not address blogs. Williams stated that a lot of government officials use blogs to update their constituents of what is going on and that Staff may occasionally use some of those blogs to obtain information to be used in the course of doing their jobs. Wallace stated that sometimes there are costs for these things. Jones stated that the “City Business” portion of the policy would address the accessing of blogs, in that it may be permitted as long as it does not violate City policy, affect productivity, or produce a cost or a risk. Jones also stated that the “Internet” portion of the policy states that employees should not access a web site or location where a fee is charged without prior approval of a department head. Huddleston made a motion to approve the policy pertaining to Employee use of City-owned Computer/Internet/E-Mail. Harper seconded the motion. Motion carried without opposition.
Council considered a directive to Staff to prepare a Record Retention Policy. Jones stated that the retention schedule will direct staff on how long documents have to be maintained and at what point they can be destroyed. Marr stated that he would like to have a copy of the completed retention policy. Jones stated that she would provide a copy to the council when it is completed. Marr made a motion to direct Staff to develop, implement, and update as necessary the retention schedule in accordance with federal and state laws. Wallace seconded the motion. Motion carried without opposition.
Gas Transportation Agreement: Council considered approval of consent to the assignment of a Gas Transportation Agreement with Midcoast Holdings No. One, LLC to Quest Transmission Company, L.L.C. Huddleston inquired about what approving the consent will do. Keefer stated that it will authorize the assignment of an agreement to transfer gas from point A to point B for the Power Plant. Huddleston made a motion to approve consent to the assignment of a Gas Transportation Agreement with Midcoast Holdings No. One, LLC to Quest Transmission Company, L.L.C. Leffler seconded the motion. Motion carried without opposition.
Entry Signage: Council reviewed the proposed design for entry signage and considered authorizing Staff to move forward with this project. Williams asked Bill Morris is limestone could be used instead of brick for the face of the sign. Morris said that it could, but that it would add to the cost. Marr inquired about the pros and cons of using the City’s logo on the sign. Morris stated that it had not really been discussed, but that if there is an interest it could be added. Williams stated that the logo would be hard to read from a distance, and that the proposed design and font would be more timeless. Williams stated that the “Established” should be shortened and the “1868” should be moved up a line to allow for “Augusta” to be larger. Morris stated that he is not opposed to further discussion.
Huddleston stated that he likes the signs, but that it is repeatedly stated that we have limited resources. Huddleston stated that a nice new sign could be put at the east end of the overpass, but there are no parking signs and yellow ribbon signs that are very worn out all up and down 7th Street. Huddleston asked if those funds should instead be used to add green space and sidewalks. Williams stated that it while she is a fan of adding green space and sidewalks, it would cost hundreds of thousands of dollars to do that. Keefer stated that he has had a discussion with the family that donated the yellow ribbon signs about them needing re-painted. Huddleston stated that he is also thinking about the rising costs of the Streetscape Project.
Marr inquired about why a sign is being recommended for the south end of town instead of the north end. Morris stated that the City owns property there and that it is closer to run power to. Morris stated that he would recommend waiting for the west side of town until the levee project is complete.
Wallace stated that the lighting on the signs appears to be based on what was recommended based on the first set of plans, but that there had been discussion about changing the lighting. Morris stated that the fixtures are independent from the pole, and that the acorn design has always been considered based on history.
Harper stated that she agrees with Marr that the City Logo should be on the sign. Williams stated that the City’s logo could change of the years and that the recommended lettering is clean and will be timeless.
Wallace made a motion to direct Staff to pursue the necessary property requirements and for Morris move forward with putting together bid specifications, including using limestone in the place of the blonde brick, with the final drawing coming back for the Council’s approval prior to the bid letting. Huddleston seconded the motion. Motion carried without opposition.
Keefer told Morris that he needs to provide a fee proposal. Morris stated that he would have one for the next meeting.
Informational Memorandum & Questions:
Williams – Williams reminded everyone of the Streetscape Workshop scheduled for Monday, April 28th at 7 p.m. at City Hall.
Keefer suggested that the Governing Body schedule a work session to follow up on tonight’s work session about self-serve fueling at the Airport. Marr made a motion to schedule a work session for Monday, May 5th at 6:30 p.m. to discuss self-serve fueling at the Augusta Municipal Airport. Harper seconded the motion. Motion carried without opposition.
Wallace – Wallace asked if staff is going to be able to deliver the council packets on Thursday. Keefer stated that there are no guarantees, but that staff will do their best. Keefer further stated that this will be on a meeting to meeting basis. Wallace stated that is all that he is asking.
Wallace referenced the Mayor’s memo regarding procedural matters and asked the Mayor what she wanted to accomplish. Williams stated that it is difficult for her to see everyone and identify who is waiting to speak, so she asks that they address the chair. Wallace stated that he is confused about how we are supposed to follow the meetings. Huddleston stated that proposed changes in procedure must be approved by the Council. Williams stated that the Mayor has a supervisory role and that her role is to make sure the meetings run efficiently and respectfully. Huddleston asked about calling a “Point of Order”. Williams stated that State statute requires her to step in and call a member to order. Huddleston stated that Robert’s Rules of Order specifically negates the raising of hands to speak. Williams stated that they do not have to raise their hand; they could address the chair by simply saying “Mayor”. Williams stated that there are times people are interrupted and not able to finish their comments. She stated that she wants everyone to have an equal opportunity to speak. Wallace stated that he just wanted a clarification. Williams stated that it is her own personal responsibility to run the meetings orderly and that it would be a courtesy to address the chair before speaking and give everyone an opportunity to express their thoughts.
Marr – Marr stated that that the Butler County Board of Commissioner’s minutes indicated that the County wants to ensure that we have a plan in place for the 54/400 Corridor Study. Allen stated that API asked him to chair a sub-committee to prepare an RFP. Allen stated that API will consider approval of the RFP at their May board meeting. Marr stated that they want to make sure it won’t loose momentum. Allen stated that he we give updates to the Council as he has them.
Harper – Harper stated that there is an area in the 200 block of Clark that does not dry up. Keefer stated that he has had a discussion with the Water Department about looking into it further. Harper stated that just west of her home there has been some construction going on and it has been two months since the bricks were removed and they still have not been replaced.
Huddleston – Huddleston stated that there is an alley that runs east of the First Christian Church that is in such disrepair that there are people who live at the apartments to the east that use the church parking lot and then cross over the church property to park at their apartments. Keefer stated that he had not spoken to the church about it, but that he would look into it further. Huddleston inquired about the railroad running east of Ohio. Keefer stated that we could look into possibly securing a portion of it as a utility easement at minimum. Huddleston stated that he is concerned that if we give that up now, then it’s gone. Huddleston stated that we don’t know what is going to happen twenty years from now. Williams stated that we would have to cross the active railroad tracks. Williams stated that another issue is the property owners around that area. Marr stated that from what he is hearing if Huddleston wanted to make a motion it would probably get a second.
Marr made a motion to pursue obtaining the utility easements east of the main line. Wallace seconded the motion. Wallace amended the motion to pursue obtaining the right of way for utilities and for future use rights. Huddleston seconded the motion. Motion carried with Griffith opposing. Keefer stated that this would have to be discussed with the County. Griffith stated that he would like an opinion from staff on maintaining the property, including drainage.
Williams – Williams stated that she received a letter from a little boy about a skate park. Williams stated she will forward the letter to Huddleston since his has been working on that. Williams stated that she has received letters about recycling. Williams stated that she would like to have another strategic planning session to have the Council’s input on the vision for Augusta, and asked if the Council wants to do that. Griffith stated that he would be interested in meeting again if it were not a teaching session and focused on the City’s issues. Leffler asked if there were any specific dates she were looking at. Williams stated that it would probably have to be a Saturday in June. Williams asked staff if there are any plans to gravel the lake road. Keefer stated that the grader has been working on the road. Williams referenced the road on the west side of the lake.
Wallace – Wallace stated that there were bricks pulled up in the 1000 block of State Street on the east side of the road and that there is still water standing there. Keefer stated that he was aware of the property he was referring to north of High Street. Wallace asked if there should be any response to Charles Hanna’s letter. Keefer stated that he would not recommend it. Williams stated that the driveway was built below street level. Marr asked if staff could look at discussions about this in previous meetings. Wallace stated that there was not a problem with the drainage until the Library was built. Keefer stated that the drainage has been an issue since the home was built. Keefer stated that the City has done several things to help with the drainage, and Morris stated that the Library improvements had very little if any impact on the drainage there. Keefer stated that Martin Goedecke has looked at this and there is not an easy way to resolve it. Morris stated that he can assure the Council that this problem was there before the Library improvements and that we were sensitive to the issue and took it into consideration when looking at the improvements. Wallace stated that he wondered if the Council could get the County to lower his taxes, and that we need to help as much as possible. Keefer stated that this would not be a good idea, because several other property owners would like the City to support their appeals to have their valuations lowered as well. Marr again asked Staff to look at the history on this issue.
Marr – Marr referred to the city tax rates that were provided in the informational memorandum and asked if that could be provided in Excel format. Huddleston stated that the document states that it is available in Excel format for $25.00. Jones stated that she would look into it. Marr stated that he walked the improvements at Dearborn and Santa Fe. Marr stated that it looks like to it going to come together. Marr stated that he would like the Park Board to look at the area to see if it can be used as green space. Marr inquired about the status of the county-wide recycling plan. Keefer stated that County Staff has spoken to the County Commissioners and that the committee received very strong opinions from the City of El Dorado. Keefer stated that it is in a holding pattern until the County adopts the plan. Marr inquired about the codification. Keefer stated that staff has had one meeting for three or four hours and that we are working on scheduling a second meeting. Keefer stated that we will have to meet with the League of Kansas Municipalities Attorney after our staff has fully reviewed the document. Keefer reminded the Council that this is a lengthy process. Marr inquired about the email address plan. Allen stated that the individual addresses have been set up for each member of the governing body as well as a tenth address that will email the whole group. Allen stated that they are ready to be set up with their individual preferences, and that each council member needs to contact Chief Brewer so he can finish setting them up. Marr asked Staff to include the history of parking of RV’s in previous ordinances in the next informational memorandum.
Adjourn: At 9:13 p.m. Marr made a motion to adjourn. Wallace seconded the motion. Motion carried without opposition.
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