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CITY COUNCIL
OCTOBER 6, 2008
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on October 6, 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 City Manager JJ Allen, City Attorney David All, and City Clerk Erica Jones. Visitors present were: Michael McDermott, Diana Herrman, Leonard Herrman, Dan Rice, Tom Palmer, Martin Goedecke, and Kelley Gorman.
Prayer: Pastor Terry Deaver, First Baptist Church gave the invocation.
Minutes: Wallace made a motion to approve the Minutes of the September 15, 2008 council meeting. Harper seconded the motion. Motion carried without opposition.
Appropriations:
September (9A): Council considered appropriations in the amount of $1,622,525.87. Griffith inquired about the payment to D & S Auto Supply. Keefer stated that it was for several items, the largest of which was $3,000 for a piece of equipment to repair tires. Huddleston asked if the bill from Kansas Power Pool was the item that increased the EFA. Keefer stated that it was. Harper made a motion to approve Ordinance 9A in the amount of $1,622,525.87. Wallace seconded the motion. Motion carried without opposition.
October (10): Council considered appropriations in the amount of $329,839.05. Wallace inquired about the payment to Augusta Animal Clinic. Keefer stated that it was our monthly charge, but that there must have been some credits on our account since the amount was lower than usual. Griffith made a motion to approve Ordinance 10 in the amount of $329,839.05. Harper seconded the motion. Motion carried without opposition.
Old Business:
Lease Agreement: Chrislip made a motion to approve a lease agreement with Butler County and the South Central Mental Health Center for 2.5 feet of public right-of-way for their parking lot. Harper seconded the motion. Leffler asked if wording could be added stating that this will be recorded with the Register of Deeds. Keefer recommended that the motion be amended to include that. Chrislip amended his motion to include that the lease will be recorded with the Register of Deeds at the County. Harper seconded the amended motion. Motion carried without opposition.
New Business:
Lease Agreement: Griffith made a motion to approve a lease agreement with the Augusta Historical Society for 10 feet of public right-of-way for their flower garden at 300 Walnut Street and that the lease will be recorded with the Register of Deeds at the County. Harper seconded the motion.
Huddleston asked if there is any way to guard from situations like this and the one with South Central Mental Health Center from occurring. Keefer stated that the individuals doing the project need to be conscientious of the public right of ways. Keefer stated that it comes back to proper planning. Huddleston asked if they were required to obtain building permits. Keefer stated that the Historical Society garden did not require a permit, but that the South Central Mental Health Center did and their site plan showed the parking lot behind the property line. But, during the process and procedure it was not laid out according to the sight plan.
Wallace asked why there is not anything in the agreement that states that the City has the right to break the lease. Keefer stated that section four states that the City could use any portion of the property for the installation and maintenance of the street or utilities if it is deemed necessary. Marr stated that what he is most concerned about is section two referring to future occupants. Keefer stated that ultimately the City has the right to use the right of way. Wallace stated that his concern is that something may come up in the future that is in the best interest of the citizens or community and a future Council will not be able to break the lease. Williams stated that it would not be fair to the Augusta Historical Society who has invested a lot of hard work and money into this project. Williams stated that if the City could break the lease at any time for any reason, then what is the point of the lease. Huddleston stated that 99 years is a really long time and it doesn’t seem right to bind future Councils to this lease when we don’t know what will happen in the future. Huddleston stated that a 20 year lease seems more reasonable to him.
Wallace stated that he would like the agreement to read that the lease could be terminated upon the majority vote of the Council. Leffler asked what the difference is between this lease agreement and the one that was just passed for South Central Mental Health Center. Wallace stated that he wanted to bring up the same concerns on that one, but that action was taken on it too quickly.
Tom Palmer, representing the Augusta Historical Society, asked who pays taxes on the right of way. Keefer stated that the Augusta Historical Society does not. Palmer asked what ordinance does the City have that would allow them to build anything on the right of way other than utilities. Palmer stated that he believes that you cannot build a structure on a right of way. Mr. All agreed that you cannot build a structure on a public right of way. Huddleston stated that he feels more comfortable with this lease because it is limited to the current use.
Motion carried with Marr and Wallace opposing. Marr stated that he voted against the motion because of the language referring to future occupants. Wallace stated that he voted against the motion because he thinks we need to be looking more long term.
Interlocal Agreement: Chrislip made a motion to approve Ordinance 1972 approving the amendment of the Interlocal Agreement with Butler County and authorizing the execution of a Joint Resolution, number 2008-21, with Butler County for the same. Harper seconded the motion. Motion carried without opposition.
Engineering Services Agreement: Chrislip made a motion to approve an Engineering Services Agreement with Goedecke Engineering for construction inspection and administration services for the Streetscape Project. Leffler seconded the motion.
Wallace stated to Goedecke that he did not see anywhere in the agreement where it states that Goedecke will be held liable for negligence. Goedecke stated that it would be totally the contractor’s responsibility to build to the City’s specifications. Goedecke stated that his company will oversee the project, but that ultimately it is the contractor’s responsibility. Marr stated that the licensing as professional engineer states that they would only be responsible for the engineering. Goedecke agreed that they are responsible for the engineering. Wallace asked what would happen if Goedecke sees the contractor doing something wrong. Goedecke stated that if they find an error they will notify the contractor and the City, but that it is the contractor’s responsibility to correct it.
Wallace asked staff where the project budget stands. Keefer stated that it is not quite at $2.3 million. Wallace stated that this agreement is for 2% of the cost of the project. Marr stated that the price has already been talked about and approved at a prior meeting. Wallace stated that he wants to make sure they are paying attention. Goedecke stated that he wants to make it clear to the Council that there will not be someone from his office there full time.
Leffler stated that Goedecke has done work for the City for a good number of years and asked staff if the work has been overall satisfactory. Keefer stated that overall they have done a good job and have worked for the best interest of the City. Leffler stated that we have already agreed to the cost of the agreement and that he doesn’t understand what we are trying to accomplish here by dragging this out. Leffler made a motion to call for question. Holly seconded the motion. Motion carried without opposition. The motion to approve the Agreement carried.
Wallace stated that his comments were not against Goedecke, but that we need to have a policy or take a stand to make sure there is someone to hold accountable for errors. Wallace stated that he is trying to protect the citizens. Williams stated that there are seven pages of accountability with requirements he must fulfill in the agreement.
Change Order: Council considered approval of a second change order for the Streetscape Project. Rawlings abstained from the discussion and vote due to a conflict of interest. Chrislip asked if the brick inlay is only for beautification purposes, could concrete be used. Goedecke stated that when the bids were first opened, the crosswalks were made up of contrasting colored bricks. Goedecke stated that the last change order changed that to concrete to lower the cost by approximately $30,000. Goedecke stated that one option for this change order is to enhance the crosswalk and put some brick inlay in it to mark it as a crosswalk. Goedecke stated that it would cost more, but would still be less than the original bid amount.
Williams stated that the question is how important is it to have the brick inlay in the crosswalks. Williams stated that speaker conduit would be good to have for the Grasshopper Festival or other events that occur downtown. Leffler stated that if we are saving $9,100 to have City crews remove the existing light poles and wiring, then to do that would be a no-brainer. Wallace stated that he wants to see the speaker conduit added.
Huddleston stated that most of the retail businesses are located on the west side of the 500 block of State. Wallace stated that one thing to consider is that a lot of people are now going wireless. Keefer stated that if a decision isn’t made soon, the opportunity to do so will pass. Williams stated that the Council needs to look at what is best economic development wise for the future. Williams stated that her opinion is to add the conduit as opposed to the brick inlay in the crosswalks.
Williams asked Eric Christinat, DAI Executive Director, if he has had any input from DAI’s members. Christinat stated that they have not really discussed it, but that he would support the Council’s decision. Christinat stated that he would recommend both sides of the 500 block and one side both the 400 block and 600 block.
Huddleston asked about just one side of each of the three blocks. Marr stated that the recommendation in the memo is for half of one side of the 400 block, half of one side of the 600 block, and both sides of the 500 block. Keefer stated that the recommendation in the memo was only a suggestion. Huddleston again asked about one side all the way down through the 600, 500, and 400 blocks.
Leffler stated that the conduit would be running under the sidewalks, but asked if the wire will be run up through every light pole. Rawlings stated that it would only be every other light pole, so at least three on each block.
Wallace made a motion to approve Change Order #2 with running conduit on the west side of State Street from the 600 block through the 400 block for $7,200 and to have City crews remove the existing light poles for a savings of $9,100. Leffler seconded the motion. Motion carried with Rawlings abstaining from the vote.
Resolution of Support: Chrislip made a motion to approve Resolution 2008-22 giving the Council’s support for Rural Housing of Augusta, LP’s application to the Kansas Housing Resources Corporation for housing tax credits. Huddleston seconded the motion. Motion carried without opposition.
Bids: Council considered approval of a bid for a portable pump for the sewer lift station bypasses as required by KDHE. Chrislip asked if this is in the budget. Keefer stated that it was budgeted for in Fund 49. Keefer stated that KDHE requires a backup system to lift stations in case of a loss of power. Keefer stated that this pump would serve that role in the event of a power loss or during maintenance. Marr asked if this would be used at the Lakes at Northridge. Keefer stated that it would be used at one of the six lift station locations, but that it could also be used for other purposes. Keefer stated that a portable pump was used during the recent water leak to keep water out of the hole while it was being worked on.
Chrislip made a motion to approve the purchase of the Godwin CD100M pump in the amount of $24,335 plus freight. Wallace seconded the motion. Motion carried without opposition.
Lease Agreement: Wallace made a motion to approve a lease agreement with Williams Pipeline for an entrance sign to be located at the NE corner of State and Walnut. Harper seconded the motion. Motion carried without opposition. Keefer stated that he received the required permits back from KDOT today.
Resolution of Support: Rawlings made a motion to approve Resolution 2008-23, a Resolution of Support for the Regional Strategic Plan and Regional Incentives for Butler County’s renewal as a non-metropolitan business region in the Kansas Enterprise Zone program. Wallace seconded the motion. Motion carried without opposition.
Informational Memorandum & Questions:
Huddleston – Huddleston asked if the Neighborhood Revitalization Program is something the County will correct on their own, or if the Council needs to pursue it. Keefer stated that he is waiting for a response from the County, but that if they follow the approved program then it would be clear. Huddleston stated that we would need to correct the application. Keefer agreed.
Chrislip – Chrislip asked if there would be any problems with the property at 606 E 12th since it is already three years delinquent on its taxes. Keefer stated that we are moving forward on this and that all of the costs associated with the demolition and mowing of the property will be added to the tax rolls so if it goes to tax sale the City can recoup its costs.
Rawlings – Rawlings asked if staff has looked at purchasing a used dump truck from other States. Keefer stated that he doesn’t know if we have, but that the costs for freight and delivery could be too high to consider that. Rawlings asked if there is a dump truck to put the new spreader on. Keefer stated that there is.
Marr – Marr asked if there is a timeline for the sewer bypass project on Osage Street. Keefer stated that Willis Wilson provided him with a timeline today. Keefer stated that we are looking to have it approved by the Governing Body and a revised plan by the end of the year, and then have it out to bid by early spring. Marr asked if this would include the intersection at 5th and Osage. Keefer said yes.
Huddleston – Huddleston asked for prior year information on the swimming pool attendance to compare this year’s report to.
Final Comments:
Huddleston – Huddleston stated that there are a lot of limbs obstructing the stop sign at High and Dearborn. Huddleston referenced the previous discussion on lease agreements and the fact that they do not read exactly the same. Huddleston stated that the point he was trying to make is that they should read the same. Keefer stated that he agreed. Huddleston stated that he thought we were limiting the lease to the current occupant.
Huddleston stated that the new hydrants are all in now and the old non-working hydrants are still in, and that this is taking up several parking spaces downtown. Huddleston asked if the non-working ones could be removed to allow for additional parking. Keefer stated that he wants to make sure the Water Department and Safety Department know which ones are and are not operable, and that they are supposed to have a list to him by this Friday. Keefer stated that he wants to make sure there is no confusion on this. Rawlings stated that those hydrants were bagged when they were taken out of service, but some of them have had their bags removed by persons other than those working for the City. Marr asked that something be included in the next informational memorandum that the Safety Department is aware that parking is allowed in front of the non-operational hydrants. Marr also stated that at one point he had asked about the Safety Department’s fire plan for downtown.
Huddleston stated that he is still not real clear about the railroad property that runs through the city and how we can not own a portion of it and yet the County can sell off portions of it. Keefer stated that we have accepted the trail manager duties, and that he is not sure what the status on that is. Huddleston stated that he doesn’t want anyone to lose sight of the fact that we should want to own that property. Wallace stated that at that meeting he put David Alfaro on the spot about the ownership and he said when the Andover thing was taken care of we could move forward with the ownership issue. Keefer stated that there were several issues with the ownership of that property and he has not heard back from the County on that yet.
Huddleston stated that there was a large hole left by the gas company in the alley on the east side of the 500 block of State Street. Huddleston also stated that there was a waterline hit on the west side, and asked who is taking care of both of these. Keefer stated that he was aware of the leak but not the hole, and that he would check on the status of both of these.
Leffler – Leffler stated that he would like to compliment Tyler Setchell on the successful Fly-In at the Airport. Leffler stated that he noticed markings on north Ohio and asked if the resurfacing is close to being started. Goedecke stated that it is ready to start in the next week to two weeks.
Marr – Marr asked what will happen to the existing inlays at the intersections on State Street. Keefer stated that those will be removed and secured for possible future use. Goedecke stated that the straight portion will be used in this project and that he needs guidance from staff about were the others need to be secured.
Williams – Williams stated that she is happy regarding the work that is scheduled for Channel 7. Williams reminded everyone of the dedication of the new shelter and playground this Friday. Williams stated that everyone should be looking up and down 7th Street for new banners reflecting community pride.
Wallace – Wallace stated that he has been approached by a business owner about Sunday sales of alcohol and asked what the options are. Keefer stated that the Governing Body could choose to pass an ordinance that would have a public protest period before it could become effective, citizens could organize a petition, or the Governing Body could put it up for a public vote. Keefer stated that if it were put to a public vote, we would want to tie it into another election so we wouldn’t have the cost of a special election. Chrislip asked for a consensus from the Council about whether they want to put that on the agenda or not. Chrislip also asked if anyone has spoken to the other liquor stores. Wallace stated that he had and that the majority of them supported Sunday sales even though one or two of them weren’t sure that they would participate in Sunday sales. Huddleston stated that when this issue was brought up the last time it was Dillon’s that was pushing for it, but that the other liquor stores were not really interested. The Council gave the consensus that they would not want to see it put on the agenda, but if there is an interest they would like to hear that from the owners of the businesses who have liquor sales, or in the form of a petition from the citizens.
Wallace inquired about the standardization and implementation of an evaluation form. Williams stated that she has the document from last year and that anyone willing to work with her to add to the evaluation tool was invited to do so. Williams stated she intends to give it to the Council by the second meeting in November so that the evaluation could be given in the first part of January.
Wallace inquired about the status of the sign ordinance. Keefer stated that there has been six or seven meetings regarding the sign ordinance, and another one scheduled later this month. Keefer stated that staff is continuing to plug away at this.
Adjourn: At 8:50 p.m. Wallace made a motion to adjourn. Harper seconded the motion. Motion carried without opposition.
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