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CITY COUNCIL
MARCH 17, 2008
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on March 17, 2008, with Mayor Kristey Williams presiding. Council present were Michael Huddleston, Michael Wallace, Tom Leffler, Mike Rawlings, and Robert Griffith. Council absent were Holly Harper, Douglas Marr, and Roger Chrislip. Also present: City Manager Bill Keefer, Assistant to the City Manager JJ Allen, Airport Manager Tyler Setchell, and City Clerk Erica Jones. Visitors present were: Michael McDermott, Tony Madrigal, David Alfaro, Willis Wilson, Travis Goeken, Julie Roller, Sharon Sudduth, Trent Schell, Kevin Cowan, and Dave Malone.
Prayer: Mark Summerville, Hospice Care of Kansas gave the invocation.
Minutes Council: Minutes of the March 3, 2008 council meeting were reviewed. Griffith made a motion to approve the Minutes of the March 3, 2008 council meeting. Rawlings seconded the motion. Motion carried without opposition.
Appropriations:
March (3): Council considered appropriations in the amount of $448,176.87. Huddleston asked how the postage is split between electric and water administration. Jones stated that the postage is for the utility bills and the cost is split equally between the electric and water administration funds. Wallace made a motion to approve Ordinance 3 in the amount of $448,176.87. Leffler seconded the motion. Motion carried without opposition.
Visitors:
WFO Car Club: Travis Goeken, representing the WFO Car Club, was present to request use of the downtown on August 2, 2008 for their annual car show. Goeken stated that has arranged to have a waiver with the registration forms holding the City and the contractor harmless for any damage to their vehicles. Williams inquired about the number of cars and participants. Goeken stated that there is an average of 350 to 375 cars but that he did not know the exact number of participants. Williams inquired about bathroom facilities and vendors. Goeken stated that they work with Augusta Rentals to obtain restroom facilities and while they try to work with local vendors they do allow a couple of outside vendors. Goeken stated that they try to choose vendors with ties to this community or Butler County. Williams asked if they needed help from any other groups. Goeken stated that the City donates barricades, dumpsters, and access to electricity but otherwise their group takes care of everything else. Keefer stated that the car club has always been good in the past about cleaning up after the event. Huddleston asked Staff if they foresee any issues with the downtown project being underway during that time. Keefer stated that he has checked with the engineer and language can be included in the contract that the contractor has to secure the area they are working on at the time of the car show. Keefer stated that as we get closer to that time the City, car club, and contractor will have to work out those details. Goeken stated that if necessary, they could extend the location of the car show past the alleys on the side streets. Griffith made a motion to allow the WFO Car Club to use the downtown on August 2, 2008 for their annual car show. Rawlings seconded the motion. Motion carried without opposition.
Downtown Augusta, Inc.: Julie Roller, Executive Director of Downtown Augusta, Inc. (DAI) was present to announce that DAI received a $15,000 grant from Kansas Main Street to help save the property at 412 State Street now owned by Bill Eberhardt.
New Business:
Corridor Development Study: Council considered a request from Augusta Progress, Incorporated to financially support a Corridor Development Study in an amount not to exceed 25% of the cost of the study up to a maximum of $25,000. Trent Schell stated that there have been a lot of discussions in several groups about the development of US 400 between Augusta and the Municipal Airport. Schell stated that Augusta Progress, Inc. (API) feels that this study is a necessary step in determining whether or how to move forward with that. Schell stated that requirements for infrastructure and how to finance that would be included in the study. Schell stated that API believes the study will be comprehensive and will cost $100,000. Schell stated that API will fund 50% of the study and is requesting the City to fund 25% of the study. The other 25% may be funded by the County or through grant funds that may be available. Leffler asked what would happen if the Council approves this tonight but the County does not. Schell stated that API is meeting with the County next week, but if that occurs the API Board will have to revisit the issue and that the study may have to be more limited. Huddleston asked if the study would include the north and south sides of US 400. Keefer stated that it would and that it would extend from the city limits to Indianola Road. Huddleston asked how the city’s portion of the cost would be funded. Keefer stated the project would be funded in the 2009 budget. Keefer that API would pay for the study and the City would reimburse API out of the 2009 budget. Rawlings made a motion to partner with Augusta Progress, Inc. on a Corridor Development Study in the amount of 25% of the cost of the study, not to exceed $25,000. Wallace seconded the motion. Motion carried without opposition.
2008 Insurance Policy: Council considered approval of the City’s Property and Liability Insurance coverage for policy year April 1, 2008 to March 31, 2009. Wallace inquired about what was included in the Inland Marine portion. Tony Madrigal explained that it is equipment that is not on the premises. Wallace inquired about the Linebacker portion. Madrigal stated that it would cover the actions of the Council and police. Wallace asked if there was a cap on that coverage. Madrigal stated that the cap is $1 million per incident. Huddleston asked if the decrease was mostly due to a better rating on the boiler. Madrigal stated that the premium for the boiler has remained the same. Williams inquired about the increase of the Commercial Output premium. Madrigal stated that it is due to the increased value of the Power Plant. Wallace made a motion to approve the proposal from Madrigal & Welch for the City’s Property and Liability Insurance coverage for policy year April 1, 2008 to March 31, 2009. Leffler seconded the motion. Motion carried without opposition.
Release of Guaranty: Council considered approval of a Release of Guaranty for Augusta Developers for the undeveloped tracts within the Belmont Place Addition and accept the Personal Guarantee from Wade Wilkerson for these same tracts. Huddleston asked if the guaranty is not released if Augusta Developers would still be responsible for the specials if they do not own the property. David All stated that they would be responsible for the specials until the release is granted. Huddleston asked what kind of collection action is available with the guarantee other than a tax sale. David All stated that the guarantor could be sued personally for the amount of the unpaid specials. Keefer stated that there have not been any problems with Augusta Developers or Whitaker paying the specials on their developments. Huddleston asked how long you have to wait before action can be taken on a personal guarantee. Keefer stated that it is up to the Council. Keefer stated that if there were an issue, it would be brought to the Council for their review and to take action. Huddleston made a motion to approve the Release of Guaranty for Augusta Developers for the undeveloped tracts within the Belmont Place Addition and to accept the Personal Guarantee from Wade Wilkerson for these same tracts. Wallace seconded the motion. Motion carried without opposition.
General Obligation Bonds: Council considered approval of a resolution authorizing the sale of approximately $653,000 in General Obligation Bonds, Series A and approximately $788,000 in Refunding General Obligation Bonds, Series B. Keefer stated that he wanted to point out that the School District paid off their project cost and the interest so there will not be specials for that project. Rawlings approved Resolution 2008-02 authorizing the sale of approximately $653,000 in General Obligation Bonds, Series A and approximately $788,000 in Refunding General Obligation Bonds, Series B. Wallace seconded the motion. Motion carried without opposition.
CTB Grant: Council considered approval of a recommendation from the Convention and Tourism Board for a grant to the Augusta Airport in the amount of $550 to support the program for the Kansas Air Tour on April 7, 2008. Williams introduced and welcomed new Airport Manager Tyler Setchell and asked him what time the Air Tour would start. Setchell stated that it is scheduled to begin at 11:45 with lunch being served and a speaker present. Setchell stated that the tour would have to be on the way to El Dorado by 3 p.m. Setchell encouraged the public to come out and see what is going on. Williams asked how many planes are being expected. Setchell stated that there are 25 to 30 scheduled right now, but that the organizers are trying to get 60. Setchell stated that anyone who knows a pilot should encourage them to come out. He explained that Augusta had to bid on being a stop on the tour and credited his predecessor with securing Augusta’s position on the tour. Huddleston asked if there is a plan for inclement weather. Setchell stated that he is not aware of one, but that he would look into that further. Huddleston made a motion to approve a recommendation from the Convention and Tourism Board for a grant to the Augusta Airport in the amount not to exceed $550 to support the program for the Kansas Air Tour on April 7, 2008. Leffler seconded the motion. Motion carried without opposition.
Old Frisco Railroad: Council considered approval of a “Statement of Willingness to Assume Financial Responsibility” and Trail Manager duties for a portion of the old Frisco Railroad right-of-way that runs between Ohio/Frisco Street west to the Whitewater River. Wallace asked if the City accepts financial responsibility for the railroad right-of-way, would the County still own the property. David Alfaro, Economic Development Director for Butler County, stated that they would still own the property. Alfaro stated that the ultimate goal is to abandon the property. Wallace stated that the City would need ownership of the property in order to develop it.
Huddleston stated that the last time this was discussed there was an issue with a lawsuit. Alfaro stated that there are property owners suing the Department of Justice for “improper taking” of their property. Alfaro stated that the area being sued over is within the County but outside of the city limits of Augusta. Alfaro stated that the Department of Justice has asked the County what they are doing to work towards abandoning the property.
Alfaro stated that the County feels this scenario is best for the City because it allows the City to use the property as they see fit. Alfaro also stated that the City is already mowing the property. Alfaro said he would like to see the City continue to benefit from the property and use it as a utility corridor instead of it being abandoned to the adjacent property owners. Alfaro stated that there have been requests from the adjacent property owners to obtain this property.
David All asked if the trail manager has any authority to restrict the activity on the property or could the County still use the property as they see fit. Alfaro stated that the City would not be able to restrict the County’s use of the property. Huddleston then stated that it would be the City’s financial responsibility to maintain it. Alfaro agreed. Williams stated that the City is already doing that by mowing the property.
When asked about the length of the property being discussed, Alfaro stated that it is 1.58 miles. Huddleston asked why it was started at Ohio and not at Custer Lane. Alfaro stated that it was a natural point to start it at. Alfaro stated that the ultimate goal is to abandon the right-of-way from Custer Lane to the Sedgwick County line.
Wallace asked how long it would take for the City to take ownership of the property. Alfaro stated that the trail manager duties would start in 10 to 14 days and that abandonment would take approximately six months.
Wallace asked David All what the benefit is for signing this agreement. All stated that it gives the City the opportunity to beautify and use the property while waiting on the abandonment. All stated that this agreement gives us the right to do whatever we want with the property until we gain ownership.
Rawlings inquired about a citizen who informed him that he has an understanding with the County that as long as he mows the right-of-way adjacent to his property, he has permission to park cars on the right-of-way. Alfaro stated that he is not aware of any such agreement. Alfaro stated that Mi-Te Electric, the Augusta Housing Authority, and Schneider Grain have all purchased parts of the right-of-way. Keefer inquired about the areas where the right-of-way extends further than 100 feet. Alfaro stated that it would include those areas. Keefer inquired about the County’s lease with McClure. Alfaro stated that the County would want the City to honor the current lease and then renegotiate it with McClure when the current term expires.
Leffler asked why the City is not pursuing the right-of-way east of Ohio. Keefer stated that other than using the property for future utilities there is not much of a benefit in obtaining those right-of-ways. Keefer stated that there is a separation of the right-of-way where it meets the active BNSF railroad row. Keefer stated that if the City were challenged over the ownership, in all likelihood it would be in that area.
Huddleston asked who is involved in the current lawsuit. Keefer stated that it is the Department of Justice. Keefer asked if the City could lose the property based on the outcome of the suit. Alfaro stated that the Department of Justice may have to pay a settlement, but that the City will not lose the property.
Keefer stated that the City may ask for the County’s assistance with cleanup of the area west of Dike Road in the future. Williams asked if there are any grants for “Rails to Trails” other than with the Kansas Department of Transportation. Alfaro stated that there is. Rawlings stated that there is a piece of the railroad property that goes into the refinery. Keefer agreed but stated that the trail manager duties only extend to the fence line. Williams stated that there is not much risk involved with assuming the trail manager duties. Wallace asked if there would be any increased cost to the City by assuming the trail manager duties. Keefer stated that there would not since the City is already mowing the property. Huddleston inquired about maps of the right-of-way. Alfaro stated that he would make sure the City is given the proper maps.
Wallace made a motion to approve the “Statement of Willingness to Assume Financial Responsibility” and Trail Manager duties for a portion of the old Frisco Railroad right-of-way that runs between Ohio/Frisco Street west to the Whitewater River with the hopes of gaining property ownership at a future date. Leffler seconded the motion. Motion carried without opposition.
2010 KLINK: Council considered approval of a project agreement with the Kansas Department of Transportation for a FY 2010 KLINK project for 7th Avenue between the east side of the overpass and the east city limits. Rawlings made a motion to approve a project agreement with the Kansas Department of Transportation for a FY 2010 KLINK project for 7th Avenue between the east side of the overpass and the east city limits. Huddleston seconded the motion. Motion carried without opposition.
Operation Statement: Council considered approval of the “Annual Operation and Maintenance Statement” with the Kansas Department of Wildlife and Parks for Santa Fe Lake and Garvin Park. Leffler made a motion to approve the Annual Operation and Maintenance Statement with the Kansas Department of Wildlife and Parks for Santa Fe Lake and Garvin Park. Wallace seconded the motion. Motion carried without opposition.
KMEA Board: Council considered reappointing Jim Sutton as Director #2 to the Kansas Municipal Energy Agency Board of Directors for a two-year term. Rawlings made a motion to reappoint Jim Sutton as Director #2 to the Kansas Municipal Energy Agency Board of Directors for a two-year term. Huddleston seconded the motion. Motion carried without opposition.
E-mail Addresses: Council considered a staff proposal for providing e-mail addresses for members of the Governing Body. JJ Allen explained that there are a couple of different options available. Allen stated that councilman Marr would prefer that there was a “citycouncil” address that would forward emails out to each of the council members. Allen stated that at this point it is up to the Council to approve what they want. Rawlings stated that he would not want to respond with his personal email address. Leffler stated that he would like to have an individual address. Williams asked if there is a way to forward a city address to their personal address. Allen stated that it could be done. Allen stated that it appears the consensus is to set up nine individual email addresses for each of the council members and one “citycouncil” address that would send an email to all of the council members. Allen stated that he would visit with each council member to see what their individual preferences are for the forwarding of email. Williams asked about the status of working on a city website. Jones stated that she is currently gathering information from other cities.
Executive Session: Council considered an executive session for consultation with an attorney on matters that would be deemed privileged in an attorney-client relationship. At 8:40 p.m. Wallace made a motion to enter executive session for 30 minutes for consultation with an attorney on matters that would be deemed privileged in an attorney-client relationship and that the City Manager, Assistant to the City Manager, City Attorney, Willis Wilson, and representatives of the law firm of Martin & Pringle be included in the executive session. Leffler seconded the motion. Motion carried without opposition.
At 9:10 p.m. Rawlings made a motion to exit executive session with no action being taken. Huddleston seconded the motion. Motion carried without opposition.
Wallace made a motion to retain the law firm of Martin & Pringle to pursue litigation against Wilson & Co. Leffler seconded the motion. Leffler withdrew his second.
Wallace made a new motion to retain the law firm of Martin & Pringle to pursue litigation against Wilson & Co. at a cost not to exceed $50,000 and to provide progress reports to the Council as necessary. Leffler seconded the motion. Motion carried without opposition.
Informational Memorandum & Questions:
Williams – Williams stated that member of the Council need to let Keefer know if they will not be in attendance at the work session with the School District on March 31st. Williams stated that the next Visioning meeting is scheduled for March 27th at the Augusta High School. Williams stated that the Water Department is working downtown on Sundays to complete the project. Keefer stated that they are coming along and are working on finishing up the 500 block of State Street. Huddleston asked when they would be addressing leaks. Keefer stated that they have addressed all but one in the area of 6th Avenue and State Street. Rawlings explained that the taps are not where they were expected to be, and when the connections are made it may cause the line to break further down the line. Keefer stated that when the old line is taken out of service the leaks will stop. Keefer stated that when the service connections are completed there will be some line work yet to be completed. Williams stated that Myrna Rogers from the American Legion Auxiliary informed her that this is National Poison Control week.
Rawlings – Rawlings asked when the compost site will be accepting grass and leaves. Keefer stated that it is currently accepting grass and leaves on Saturday from 9 a.m. to 5 p.m. Keefer stated that the annual spring cleanup begins on March 29th and will last through April 13th. Keefer stated that after spring cleanup the site will remain open on Wednesdays and Saturdays. Williams inquired about the hours. Keefer stated that it will be open on Wednesday from 12:00 to 7:00 p.m. and from 9:00 a.m. to 5:00 p.m. on Saturday.
Wallace – Wallace inquired about not finding information on the leases for the Kansas Gas building and Butler County’s tag office. Keefer stated that the Kansas Gas building will be a moot point since it will be removed soon and the structure is covered under their franchise agreement. Keefer stated that Staff will contact the County about the tag office lease. Williams asked if the lease amounts for the signs at the Airport are the market value. Keefer stated that he has nothing to compare them to so he doesn’t know. Huddleston stated that there are several leases that have expired. Keefer stated that there are two sign leases that have expired and the lease with the Model Railroad Club. Keefer stated that Staff will be working up new leases for those. Huddleston asked if the lease for the Model Railroad Club covers the cost of their utilities. Keefer stated that is basically what the lease is for. Keefer stated that the signage at the Airport will probably be reviewed a little more in depth to determine if the leases should be renewed and that Staff will bring back a recommendation to the Council at a later date.
Huddleston – Huddleston asked if there is a ballpark figure on when the Streetscape project will be started. Keefer stated that the hope is to open bids late this spring and start the work this summer. Huddleston stated that he was asked by a citizen if they could put color in the concrete curbing so it does not have to be maintained through painting. Keefer stated that would be a good question for Goedecke.
Leffler – Leffler asked Staff to explain the upcoming KOMA/KORA meeting in El Dorado. Keefer stated that the meeting will cover the Kansas Open Meetings Act and the Kansas Open Records Act. Keefer stated that the meeting is scheduled in El Dorado on March 27th. Wallace indicated that he will be attending the meeting. Keefer stated that he and Jones would also be in attendance. Leffler and Williams requested that they be signed up for the meeting. Allen stated that while they are on the subject, he wanted to remind the Council that their email correspondence is subject to the Kansas Open Records Act.
Adjourn: At 9:30 p.m. Leffler made a motion to adjourn. Wallace seconded the motion. Motion carried without opposition.
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