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Minutes 5-18-2009 PDF Print E-mail
Meeting Minutes Archive - City Council Minutes 2009
Written by Erica Jones   
Monday, 18 May 2009 00:00

 CITY COUNCIL
 
MAY 18, 2009
 

7:30 P.M.

 

The Council of the City of Augusta, Kansas met in regular session on May 18, 2009, with Mayor Kristey Williams presiding.  Council present were Holly Harper, Matt Childers, Michael Huddleston, Michael Wallace, Tom Leffler, Robert Griffith, and Ronald Reavis.  Councilman Mike Rawlings was absent.  Also present:  City Manager Bill Keefer, City Attorney David All, Assistant to the City Manager Josh Shaw, Inspector Dan Allen, Director of Electric Utility Bill Webster, Electric Production Superintendent Jim Sutton, and City Clerk Erica Jones.  Visitors present were:  Mike McDermott, Travis Goeken, Martin Goedecke, and Tony Madrigal.

 

Prayer:  Pastor Steve Hollingsworth, Central Baptist Church, gave the invocation.

 

Minutes:  Huddleston stated that what was omitted from the minutes was just important as what was included and because the minutes are the official record of the council meetings, he would like to go over some of the items that were omitted.  Huddleston stated that on page 4, in the first full paragraph, the Mayor reiterated her computations on the leases at the Airport and the amount the City receives from them.  Huddleston stated the meat of that discussion was left out of the minutes.  Huddleston stated he asked the Mayor for a copy of her calculations and she said she would be glad to furnish them.  Huddleston stated he would like to see that what she read at the meeting be incorporated as part of the minutes.  The paragraph should read as follows:  “Huddleston stated he would still like more information.  Huddleston stated a lot of tenants will be shuffled around and asked what that would do to the City’s total revenue, also taking into consideration that the City will have additional costs.  Williams stated she did the math by hand.  Huddleston asked why the council did not have this before tonight.  Williams stated that any of us could have done due diligence and calculated this.  Williams stated that basically Global Parts leased 8,600 square feet for $1,135 month which equals $13,620 annually.  Williams stated the Global lease added to API’s lease is $22,020 annually.  Williams stated if the lease with NIAR is approved at $0.13 per square foot that would be $14,976 annually.  Williams stated API’s lease is $8,400 annually.  Williams stated if NIAR’s lease is added to API’s lease that is $23,376 annually.  Williams stated that the combination of NIAR’s lease and API’s lease would be a gain to the City of $1,356 annually.  Williams stated if Global Parts will take over an additional 3,662 square feet at $0.15 a square foot that would be more than $4,000 annually which would put the annual gain to the City over $5,000.  Williams stated Global Part’s storage space would then become available for lease.  If that were leased then that would be more than $7,000 annually.  Williams stated the City will gain from this and that the improvements requested by NIAR are not industry specific improvements and should be done anyway.  Williams stated the septic system is in need of repair.  Williams stated the Airport is currently not profitable and the citizens have to pick up the shortfall.  Williams stated this will help improve revenue in the long run.  Huddleston asked Williams if she adjusted for Global Part’s $251 a month in her calculations.  Williams stated she did but asked the council to check her math since she did it by hand.  Huddleston stated the bottom line is what the net gain to the City is.  Williams stated that according to the math she did it was $5,367 for the first year.  Speer stated that is for the first year only, then the lease ramps up in year three.  Speer stated unfortunately API’s will ramp up too.  Speer stated NIAR will have a five year minimum lease.  Spear stated that he wanted to point out that one of the most important things to NIAR was to have at least two or three extensions to renew for five more years.  Speer stated the City will be dealing with one tenant for the long term and stated the issue is do you want NIAR at the Airport. Williams stated that in the future NIAR will pay the taxes, insurance, and maintenance.  Williams stated she assumes the council wants to see the Airport be self sustaining, and this would be the first step.  Williams stated this will be a triple net lease.  Huddleston asked if the triple net lease would relieve the City of the maintenance conditions under item #10 in the lease agreement.  Mr. All stated it would.  Huddleston asked about the proper climate control referenced in the agreement.  Speer stated NIAR will not have a need for air conditioning, but that it will need to continue to be heated.”

 

            Huddleston stated on page 5, paragraph 4, the conversation continued with Speer saying that he understood our concern, but the only thing that is going to happen with this operation at the Airport is that every six months the hangar doors will open and they will unload KC135 parts.  Huddleston stated that Speer went on to tell the council that no trucks will be driving on the Airport apron.  Huddleston stated he thought that was important to be part of the record.

 

            Huddleston stated on page 4, paragraph 3, there was discussion about who knew what and when.  Huddleston stated Williams stated she actually spoke to him last week, but what she really said was “Actually Michael, we did talk to you last week”. 

 

            Huddleston stated on page 7, between the 3rd and 4th paragraph, there was quite a lot of information discussed that was not made a part of this record.  Huddleston stated the discussion basically was Mr. Hefel talking about a time line of how this project came together for the City and he was addressing the Council and specifically the Mayor and said “You had a meeting on April 20th and it was not presented to the Council”.  The Mayor responded that it was not ready yet.  Hefel stated/asked if there was no discussion in executive session about it.  The Mayor responded that you cannot just take anything into executive session.  Hefel stated that the Mayor had all this information and kept it to herself.  The Mayor stated that was not correct and that she spoke to different council members about it.  The Mayor said they were aware of it and that we talked to the County about it and as Alfaro explained this is an economic development item and therefore you just do not broadcast it anywhere.

 

            Huddleston stated he would like all these items entered into the record.  Huddleston made a motion to approve the Minutes of the May 4, 2009 council meeting as amended.  Wallace seconded the motion.  Motion carried with Leffler opposing and Childers abstaining.

 

            After further discussion about the purpose and format of the minutes, the council consensus was to make the minutes briefer and include only what is relevant. 

                                   

Appropriations:                         

May (5):  Leffler made a motion to approve Ordinance 5 in the amount of $300,055.89.  Childers seconded the motion.  Motion carried without opposition.

 

Visitors:

WFO Car Club – Travis Goecken, a representative of the WFO Car Club, presented a request to use the downtown area for their 15th annual car show scheduled for August 1, 2009.  Goeken stated they will provide a certificate of insurance for an event liability policy, but that they will need to use City dumpsters, barricades, and electricity.  Huddleston asked if the street lights will be up by then and Keefer stated the Streetscape project is scheduled to be complete in July with the exception of the trees.  Wallace made a motion to approve the request by the WFO Car Club to use the downtown area for their annual car show scheduled for August 1, 2009 and the use of City dumpster, barricades, and electricity.  Harper seconded the motion.  Motion carried without opposition.

 

Insurance Dividend – Tony Madrigal presented the City’s dividend check in the amount of $21,693.91 from the 2008/2009 coverage year based on the experience of the cities in the program.  Madrigal thanked the City for its continued business.

 

New Business:

Floodplain Regulations:    Council considered approval of an Ordinance adopting by reference new Floodplain Management Regulations and repealing Ordinance No. 1812.  Keefer stated this ordinance is required for the City to continue to participate in the National Flood Insurance Program.  Reavis inquired about copies of the maps and Keefer stated they will be available for viewing in the Inspection office.  Huddleston made a motion to approve Ordinance 1982 adopting by reference new Floodplain Management Regulations and repealing Ordinance No. 1812.  Wallace seconded the motion.  Motion carried without opposition.

 

Temp Note Bids:  No bids were received for Temporary Note financing for the Street Improvements in Stone Lake Estates, 3rd Phase.  Wallace made a motion authorizing Staff to re-bid the Temporary Note financing for the Street Improvements in Stone Lake Estates, 3rd Phase.  Harper seconded the motion.  Motion carried without opposition.

 

Streetscape Project:  Huddleston made a motion to approve Change Order #7 in the amount of $5,585.36 for the Streetscape Project.  Leffler seconded the motion.  Motion carried without opposition.

 

Levee Enhancement:  Reavis made a motion to approve the Appraiser Services Agreement with Kim Braungardt for the Levee Enhancement Project.  Wallace seconded the motion.  Huddleston inquired about Section 4 in the agreement regarding additional services and what would happen if Braungardt were not available to testify.  Mr. All stated she may not be who the City uses, but in accordance with the agreement she would have to be available if we requested.  Wallace made a motion to call the question.  Huddleston seconded the motion.  The motion to call the question carried without opposition.  The motion to approve the agreement carried without opposition.

 

Shared User Agreement:  Council considered approval of a Shared User Agreement with the Kansas Department of Transportation (KDOT) that will allow the City of Augusta to operate our communications equipment on the State’s 800 MHz system.  Huddleston asked if this would include all the departments in the City and if it would be available to assist with mutual aid situations.  Keefer stated the goal would be to eventually have all departments within the City and the different agencies throughout the County converted to the States 800 MHz system, but that it will be an expensive process and the County is looking into funding options for emergency service agencies.  Reavis made a motion to approve the Shared User Agreement with KDOT that will allow the City of Augusta to operate our communications equipment on the State’s 800 MHz system.  Huddleston seconded the motion.  Motion carried without opposition.

 

Confirmation of Participation Agreement:  Leffler made a motion to approve the revised Confirmation of Participation Agreement for KMEA for the City of Augusta’s Southwestern Power Administration (SWPA) hydro-power allocation that also provides for the working capital requirement.  Harper seconded the motion.  Motion carried without opposition.

 

Informational Memorandum & Questions:

 

Huddleston – Huddleston thanked the Convention and Tourism Board for the activity list that was included in the council packet.  Keefer stated they will also be providing a quarterly report.

 

Williams – Williams thanked staff for including the information about upcoming agenda items and work sessions. 

 

Reavis – Reavis stated the May 4th Butler County Commission minutes stated they considered approval of a request by the City of Augusta to submit a grant application on our behalf in the amount of $450,000.  Reavis asked if we made that request.  Keefer stated that the last discussion with Alfaro was that the County and City would split the cost of the road repairs with the County providing the equipment and manpower and the City providing the materials.  Griffith stated that Alfaro said at the May 4th council meeting that the County will try to cooperate with the City in those repairs.  Keefer stated that will be part of the 2010 budget discussions, as there are not funds currently available for those repairs.

 

            Reavis asked about the large amount of deferred fines being carried on the books.  Mr. All stated there is no recourse on traffic tickets that go unpaid and that if people with fines for misdemeanors are placed in jail for not paying them, not only are they not working and unable to pay the fine but the City will incur a $40 cost per day to house them in the jail.  Wallace asked if deferred fees are an incentive to comply with the Court.  Mr. All stated that fines can be dismissed if the person complies with the court, but that rarely occurs.  Reavis asked if there is a process in place if they do not pay.  Mr. All stated there is and that they are reviewed regularly.  Griffith asked if the deferred fines are written off eventually.  Mr. All stated they are occasionally, but that there are several old ones still on the back.  Keefer stated the number of deferred fines fluctuates, but that we cannot afford to put all of those that do not pay in jail.

 

Final Comments:

 

Huddleston – Huddleston asked if the area where it changes from brick to concrete between Bank of America and Subway will be repaired by the time the Streetscape project is completed.  Martin Goedecke stated that is not part of the Streetscape project, but that it will be completed with it.

 

GriffithGriffith asked if anything has been done about the condition of the property located on the southeast corner of the intersection of 3rd & State.  Dan Allen stated there had not.  Griffith asked if our current ordinances could address the need for that property to be cleaned up.  Mr. All stated that our current ordinance could be applied to that location.  Griffith stated he would like that to be pursued and an update provided at the next meeting of any action.

 

            Griffith inquired about the damage to the south entrance of the cemetery.  Keefer stated a private vehicle struck it and that the City has filed an insurance claim to recover the cost of the damage.

 

Williams – Williams stated that there is an Airport Appreciation event scheduled for Saturday, June 6th.  Shaw stated they will start grilling around noon.  Shaw stated this is an opportunity for all of the tenants to meet each other.  Shaw said that they would love for any of the governing body that can to attend to show their support for the Airport.

 

            Williams stated she signed a proclamation designating the week of May 18 – May 23, 2009 as Atomic Veterans Awareness Week.  Williams stated there will be a public ceremony at the Bluestem High School auditorium in Leon on May 22nd at 10 a.m.

 

Childers – Childers apologized for missing the May 4th meeting and stated he appreciated everyone’s concerns and comments regarding his vehicle accident that day.  Childers stated that he and his family are all doing well.

 

 

Adjourn:  At 8:32 p.m. Wallace made a motion to adjourn.  Harper seconded the motion.  Motion carried without opposition.