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CITY COUNCIL
MAY 4, 2009
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on May 4, 2009, with Mayor Kristey Williams presiding. Council present were Holly Harper, Michael Huddleston, Michael Wallace, Tom Leffler, Mike Rawlings, Robert Griffith, and Ronald Reavis. Councilman Matt Childers was absent. Also present: City Manager Bill Keefer, City Attorney David All, Water Superintendent John Ball, Inspector Dan Allen, Airport Manager Tyler Setchell, and City Clerk Erica Jones. Visitors present were: Mike McDermott, Lori Hefel, A.J. Hefel, Ken Stultz, Martin Goedecke, Manuela Gentzler, Doug (Gus) Burright, Anthony Speer, David Alfaro, Wanda Failes, Jim Jackson, and Trent Schell.
Prayer: Pastor Steve Hollingsworth, Central Baptist Church, gave the invocation.
Minutes: Wallace stated that during the discussion of the levee project he also asked if anyone on the council had worked with Kim Braungardt and there was no reply. Wallace stated he had asked how the City of Augusta had beat Florence, not Lawrence, for the best tasting water. Griffith made a motion to approve the Minutes of the April 20, 2009 council meeting. Harper seconded the motion. Motion carried without opposition.
Appropriations:
April (4B): Council considered appropriations in the amount of $485,179.50. Huddleston inquired about the payment to Butler County EMS. Keefer stated it was for CPR training for city staff. Huddleston inquired about the payment to EMC Insurance in the amount of $500.00. Jones stated it was the deductible for a claim involving damage due to the high winds. Huddleston inquired about the payment to Lori Kirby in the amount of $659.15. Jones stated Kirby overpaid her utility bill in error while making out her monthly bills. It was significantly more than the balance due and would have caused a hardship on the citizen had the funds not been returned. Harper made a motion to approve Ordinance 4B in the amount of $485,179.50. Huddleston seconded the motion. Motion carried without opposition.
Visitors:
Williams introduced and welcomed Josh Shaw who will be starting employment with the City of Augusta on May 11th as the Assistant to the City Manager.
Jim Jackson with the Kansas Rural Water Association (KRWA) stated that the City of Augusta submitted a water sample to KRWA along with samples from 26 other communities to be judged on clarity, smell, and taste. Jackson stated at the recent annual conference it was announced that Augusta had the best tasting water in Kansas. Jackson presented Water Superintendent John Ball with a plaque. Williams thanked Ball and his staff for their hard work and dedication.
New Business:
KLINK Project: Leffler made a motion to approve a design engineering agreement with Goedecke Engineering for the 7th Street KLINK Project for the west bound lanes located between the west side of the overpass and the 100’ west of Bluff Street. Griffith seconded the motion. Huddleston asked if the description in the first paragraph of the agreement is referring to the Docking Memorial Bridge. Keefer stated it is referring to the overpass and that he is not aware of the overpass having that official name. Reavis asked for a timetable for the work. Goedecke stated this will be a 2011 project, but that funds from the State of Kansas will be available in July 2010 for the work to begin. Huddleston asked what would happen until then with the large holes in the roadway. Keefer stated he spoke to the State about it and that they are not going to be able to help except with KLINK funds. Keefer stated we had applied for stimulus funds for this project and were not successful. Keefer stated the State suggested we re-design the project with asphalt at a cost of $300,000 instead of concrete at a cost of $750,000 and then when more stimulus funds are made available we can resubmit the project. Keefer stated the re-design would cost another $50,000 and that there would be no guarantee we would receive the stimulus funds. Keefer stated we will have to do the best we can with the resources we have until the KLINK project begins. Huddleston stated there are big chunks of concrete missing on Main Street. Reavis asked if we are not under the gun to move forward, will KLINK funds be available from the State. Keefer stated the funds have already been committed by KDOT for this project and what are in jeopardy are KLINK projects beyond 2012.
Wallace stated he still does not see anything in the agreement about liability or fault. Wallace asked who is going to pick up the cost if there is default by Goedecke Engineering. Wallace asked how we are protecting our citizens. Goedecke stated the engineering defines the project and then the project goes out to bid. Goedecke stated the contractor is required to have a bond in case they fail during construction. Wallace asked what if something goes wrong because something wasn’t calculated right because of human error and we have to make changes later. Wallace asked who would be responsible for that. David All stated that common law of the State of Kansas says if Goedecke Engineering was negligent or at fault then they would be responsible. Williams stated the agreement says the plans and construction will be in accordance with KDOT guidelines. Wallace asked if KDOT will receive a copy of the plans. Goedecke stated they will. Wallace stated there were alterations to the Streetscape plans and he doesn’t want to see us getting stuck paying extra all the time. Motion carried without opposition.
Bids: Council considered bids for guttering on three rows of t-hangars at the Municipal Airport. Huddleston asked Tyler Setchell to point out on the map which t-hangars will receive guttering. Setchell pointed the hangars out and said that the newer hangars were built in the 1980’s. Setchell stated that hopefully the guttering will help combat some of the problems with the hangars. Wallace made a motion to accept the bid from Winter Roofing in the amount of $20,214. Leffler seconded the motion. Motion carried without opposition.
3117 Susan Street: Council considered a Resolution scheduling a public hearing for June 1, 2009 for 3117 Susan Street to determine whether this property is in violation of various property maintenance codes and zoning regulations. Reavis asked if staff has looked at the property lately. Inspector Dan Allen said that he has looked at the property several times a week, and that the only change has been the addition of more stuff. Allen stated the resident was issued a citation to appear in court, but that he called in sick for court. Allen stated the property owner does not want to take any responsibility for the property. Allen stated the neighboring property owners are really upset. Williams stated she has received calls from the neighbors about the condition of the property. Griffith asked what would happen if he does not show up for court. David All stated the court could issue a letter to appear or a warrant for his arrest. Harper made a motion to approve Resolution 2009-09 scheduling a public hearing for June 1, 2009 for 3117 Susan Street to determine whether this property is in violation of various property maintenance codes and zoning regulations. Leffler seconded the motion. Huddleston asked if the hearing is set for June 1st, what the timeline will be. Keefer stated if the council orders the property to be cleaned up; the resolution will have to be published. Keefer stated they are usually given 30 days, but this is a different because it is cleanup only and does not require permits. Keefer stated staff’s recommendation would be to give them a maximum of 30 days to clean the property up and if they do not, then we will do the cleanup and apply the cost of the cleanup to a lien on their property. Keefer stated that this action will hopefully assist in getting the property owner involved, because he is responsible for the property taxes/liens. Huddleston asked if the charges in court will continue. Keefer stated they will, but if he takes care of the property the judge may dismiss the case. Huddleston stated there have been these types of situations in the past, and asked why we are doubling up on this one by sending them to court and addressing it as a governing body. Keefer stated that in the past those involved with property cleanup issues have been responsive to Inspection Department letters, etc. Keefer stated if it is a demolition project it is better to bring those before the council. Keefer stated hopefully it will have been taken care of by June 1st and we can cancel the public hearing. Reavis asked what the citation was for. Allen stated the citation was for running a business out of the home. Allen stated the International Property Maintenance Code states you cannot have appliances stacked all over your yard. Reavis stated that even if the resident cleans up the property he cannot run his business out of the property. Keefer stated that was correct. Keefer stated there are two issues at hand. Keefer stated the public hearing will only take care of the clean up portion of the issue, but the court will be addressing the clean up and the running of the business out of a residence. Allen stated he has hand delivered a list to the resident of all the items that need to be addressed. Reavis stated that more than just cleaning it up, we need to keep it from happening again. David All stated if it reoccurred then he would be cited again and fined. Motion carried without opposition.
Municipal Airport: Williams thanked all of those involved in helping bring this item to the agenda. Williams introduced Anthony Speer with Advanced Research and Technology Development Group, LLC (ARTDG) and asked him to explain what he is requesting and why. Speer stated he has been tasked with securing a lease for his client, the National Institute of Aviation Research (NIAR), which is a division of Wichita State University. Speer stated they are world leaders in aviation research. Speer stated NIAR is also building a facility in the Andover Industrial Park. Speer explained that NIAR has a contract with the Department of Defense to conduct non-destructive inspection of parts from the KC135 tanker to identify stress points to try to make them last another 25 years. Speer stated the proposed agreement would be for a term of 5 years, but could last 15-20 years.
Williams stated the Guernsey Hangar is now just a little over half occupied. Williams stated that she spoke to Troy Palmer with Global Parts and he is willing to vacate the hangar. Huddleston stated this information was just supplied to the governing body last Friday evening and he has not had a chance to review all of the information. He stated it may be a good opportunity but that he is upset about it being thrown in their laps at the last minute and being told that it has to be approved today. Huddleston stated the contracts were still being negotiated today and asked why the urgency. Williams stated this has been a process that did not just start last Friday. Williams stated the reason for the deadline is that NIAR does not have the space they need and Augusta has the vacant space to lease. Williams stated NIAR has other options. Huddleston asked why this is the first he is hearing about it. Williams stated that over the last few weeks this was still in flux and it was not confirmed it would work until last week. Williams stated the Air Force, WSU, and Executive Director of NIAR had to look at the facility. Williams stated if she would have called the council together it would have been a violation of the Open Meeting Act, but that she has made herself available for questions from any of the council. Williams stated the issue at hand is whether or not this is a good thing for the City.
Wallace inquired about the action date. Speer stated they are already doing the testing at their current facility, but that they are busting at the seams. Wallace asked about the suspense date to find out the information. Speer stated there is another option for 20,000 square feet, but there is no room to expand. Wallace stated every government contract has a suspense date. Speer stated his company does not have a government contract and that his company’s role in this is that they are acting as an agent for NIAR to procure space. Williams stated there is still the possibility of building a new facility at Augusta’s Airport. Williams stated there is an opportunity for expansion and growth that could lead to bringing 8 to 30 jobs to the Airport.
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 and that the changes in the lease for Global Parts, API, and NIAR would be a gain of $1,356 annually. Williams stated Global Part’s new lease would be more than $5,000 and if the office and storage space that will be available would be leased, that would be an additional $7,000 annually. Williams stated the City will gain from this and that the requested improvements are not industry specific and will have to be done anyway. Williams stated the Airport is not currently profitable and that the citizens have to pick up the shortfall. Huddleston stated the bottom line is what the net gain to the City is. Williams stated that according to the math she did by hand it was $5,367 for the first year, and invited someone to check those numbers for her. 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. Huddleston stated that Williams referred to this as a triple net lease in her calculations and asked if that 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 that based on the information received tonight he believes this is a good opportunity for the City, but he is still not happy about it being thrown in the council’s lap at the last minute with the urgency to approve it tonight. Williams stated they did the very best with what they could under the circumstances. Huddleston stated they did not. Huddleston stated they did not let the council members know what was happening and then suddenly it has to be acted on tonight. Williams stated she actually spoke with him last week, but that there was a flood occurring and they had to work rapidly on this. Williams apologized and stated that she didn’t realize it would be difficult for the council, as this is something that would be of great benefit to the community. Williams stated several people worked very hard on this for many hours. Williams apologized to Huddleston for his being offended.
Leffler made a motion to approve a Termination of Lease Agreement with Global Parts, Inc. Harper seconded the motion. Motion carried with Huddleston opposing and Wallace abstaining.
Leffler made a motion to approve a new Lease Agreement with Global Parts, Inc. Harper seconded the motion. Motion carried with Huddleston opposing and Wallace abstaining
Lori Hefel, a hangar tenant at the Airport, voiced her concerns regarding the proposed testing by NIAR. Hefel specifically spoke about High Intensity Radiated Fields testing (HIRF) and its effect on the electrical and electronic systems that perform critical functions on aircraft. Hefel stated those functions are necessary for the safe flight and landing of aircraft and stated she does not want this type of testing in her backyard. Hefel stated she spoke to several agencies that are also concerned about this testing and are now investigating the impact to aircraft at the Augusta Airport. Hefel stated there is no other test facility of this kind on any airport in the United States. Hefel stated based on her education and experience she understands the cause for concern with regard to this type of testing as well as other testing and the impact to the tenants and those operators that use the Airport. Hefel stated she and her husband lease two hangars at the Airport, and that combined with the $1,200 in property tax and the monthly hangar rent, they provide Augusta and Butler County with more than $5,000 in revenue each year. Hefel thanked the council for the opportunity to speak and asked them to further investigate the ramifications and consequences to the Airport, City, and taxpayers in regards to this type of testing at the Airport. Hefel stated the Airport is a federally obligated public use airport and that due diligence needs to be a priority for civic responsibility and leadership.
Williams stated she would like to clarify that there is no HIRF testing allowed within the lease agreement and that is not the purpose of NIAR at our Airport. Williams stated that HIRF has specifically been taken off the table.
Hefel stated that the FAA had not been contacted about the proposed testing at the Airport, and since the Airport is federally funded the FAA has to be notified of any kind of testing. Williams stated there will not be that type of testing. Huddleston asked if the lease is approved and we find out later they are doing HIRF testing, could the lease be terminated. Mr. All stated that it could. Williams stated if they were to do that type of testing it would cost millions of dollars and would be a huge endeavor. Williams stated there is no way they would attempt to build that type of facility at our Airport without our permission. Speer stated not only would it cost a lot of money, but there would be all kinds of approval that would have to be received first. Speer stated it is listed in the agreement that none of NIAR’s activities will affect the functions of the Airport in any way. Mr. All stated that paragraph 13 states that “NIAR or its sub-lessee will in no way interfere with the general aviation operations at the Airport”. Mr. All stated if there were any harmful activity then the lease could be terminated. Hefel asked how the council would know and who would be responsible for monitoring that. Mr. All stated that all we can do is be diligent in finding out the kinds of procedures that are taking place and do the research to make certain that it is not harmful to the operations at the Airport.
Williams asked Speer what is going on at Jabara Airport with NIAR. Speer stated he is not privy to discuss that.
Ken Stultz of API stated he and other tenants will be directly affected by the decision made tonight, and that it will have great consequences to the future of the Airport. Stultz stated this is a general aviation Airport and that there are people who fly in to buy things in our community, to visit family, and to utilize the services of the Airport. Stultz stated there was a prop jet there today to purchase a helicopter. Stultz stated there is commerce there and a need for hangar space for that type of business. Stultz stated NIAR will be taking space away from general aviation and he would propose they build their own facility at the Airport. Stultz stated he needs space for his plane to be inspected, as do others. He stated they both need to have the equal opportunity and option to grow.
Williams stated Stultz won’t have the certification to do aircraft maintenance. Stultz interrupted Williams stating that was incorrect, and they have aircraft maintenance and can do aircraft maintenance. Williams stated she was told that DJ Engineering is purchasing their certification. Stultz stated that is a repair station but not the inspectors. Stultz stated API will have inspectors and airframe and power plant and that they are also submitting their application for a repair station to the FAA.
Stultz stated the FAA and Department of Transportation governs without restriction, and has complete control of the airspace, ramp space, and everything there at the Airport, but not necessarily the hangar. Stultz stated they do have covenants that say the City, as a sponsor, has assure that businesses like his are able to serve people and work on their planes and at least have a space to do that. Williams stated that Stultz was just before the council a month ago and asked for a certain amount of lease space and nothing more. Williams stated it was only after we had someone interested in the space that Stultz’s interest was elevated. Williams stated it should be noted that API is paying a rate of $0.085 per square foot for their lease. Williams stated it should also be noted that during conversations between her and Stultz on the phone he indicated that he had no problem with NIAR. She stated that it has to be acknowledged that the Airport cannot survive if we continue to lease our property at a rate of $0.085 per square foot. Williams stated it also could be acknowledged that if you want general aviation and want the citizens at the Airport to have the amenities and upgrades they would like then there has to be a stream of revenue, which there currently is not. Stultz stated that he understands everyone is under economic constraints and that it is refreshing to see someone like NIAR interested in a project at our Airport. Stultz stated he is all for those kinds of things, but that he cannot grow his business if he doesn’t have a place to work on planes.
Williams stated that this could go on all night and that from this point forward she would like direct questions to the public from the council. Williams stated she thinks the council has specific things they need to know about, and if not then they can move forward with a motion. Huddleston stated he has not had an opportunity to speak to any of the tenants at the Airport to see how they feel or to speak to any of the businesses at the Airport. Huddleston stated if there is anyone that has a comment to make to the council about how they feel, then he would like to hear it. Williams stated she would like to add that when Stultz was before the council last month with a new lease agreement, not one council member voiced that they would like to hear comments from individuals at the Airport. Williams stated she is intrigued that there is opposition to, or a problem with, bringing a long term tenant to occupy vacant space at the Airport. Huddleston stated that Williams has almost inferred that the council has no interest in that. Huddleston stated he has been very interested in attending the advisory board meetings to know what is going on at the Airport. Williams stated what she said was that at the last meeting there were no questions about how the other tenants felt about the agreement with Stultz, and that the same concerns that were relevant then are relevant now.
Doug (Gus) Burright of Augusta Aircraft Maintenance stated he does repairs on general aviation aircraft. Burright stated there were problems in the past when Global Parts used the north side of the main hangar for freight storage, and that he would be opposed to that. Burright stated it was a disaster to have the warehouse and aviation business trying to co-exist. Williams stated that particular lease agreement was approved earlier tonight. Keefer stated that it should be noted that Global Part’s lease specifically prohibits them from storing parts in the main hangar. Burright stated that was what he wanted to hear. Rawlings asked Burright how he sees NIAR affecting his business. Burright stated the type of business NIAR does would not cause problems as they would not be competing with his business. Burright stated he would be concerned about any HIRF testing, as it could be a detriment to his business. Rawlings asked if he sees that the increase in traffic at the Airport could benefit him. Burright stated if it helps get the road paved then it would.
David Alfaro, Butler County Director of Economic Development, stated that the Butler County Commission met this morning and discussed partnering with the City to address the road at the Airport. Alfaro stated there were two solutions discussed. The permanent solution would be to pave the road with the County providing the equipment and manpower, and the City providing the materials. That would be a cost $70,000 to $80,000 for each party. The temporary fix to control the dust would be to treat the road approximately two times per year. Alfaro stated the permanent solution wouldn’t be an option until 2010 but that the temporary fix could be done now. Alfaro stated the County realizes this is an enhancement for the property and would do this whether NIAR was there or not.
Alfaro stated he hated to see the council pick on staff or the mayor, as this has been a very confidential process. He understands that makes people nervous, but that is the nature of economic development prospects. Alfaro stated it is a very sensitive issue, but also an exciting opportunity for the County and the City and that they would be remiss if they didn’t at least give it an opportunity.
Harper stated she would like to hear from Airport Manager Tyler Setchell. Griffith stated he would like to know how NIAR would affect our current situation at the Airport. Setchell stated that he has heard a lot of good comments tonight, and that he would be supportive of anything that would be beneficial to the Airport. Setchell stated the Airport revenue is always falling short and that the FAA mandates that the Airport try to be self-sufficient. Setchell stated they cannot do that at this time without raising rates to an unreasonable level. Setchell stated he agrees with doing things that would bring jobs and businesses to the Airport and especially anything that would increase fuel sales.
A.J. Hefel stated he has been a tenant at the Airport for 14 years, is a member of the advisory board, and a strong supporter of the Airport. Hefel stated he was concerned about the process of how this took place. Hefel stated Stultz was contacted by Ty Masterson on April 10th, and on April 15th Stultz called Hefel and stated he felt pressured to vacate. Hefel stated that when he called Keefer with questions he was told it was a done deal. Hefel stated he then contacted the Mayor. He stated it sounds like the Mayor is the salesman for ARTDG, instead of asking questions. Hefel asked why Speer is here instead of a representative from NIAR. Hefel stated the council has asked the advisory board to become more involved in the planning and operation of the Airport. He stated there is already a person there that has taken a risk to establish a business there and now he is feeling pressured to move to another area so we can bring in a business that does testing and provides no service to general aviation. He understands that it will generate revenue, but asked if it meets the needs of the users of the Airport. Hefel stated the process of how this was done was under the veil of confidentiality and to him was a rush job to push it through. Hefel stated he doesn’t think there has been enough research done to know the relationship between Speer and NIAR, and that this should be tabled and considered again in two weeks.
Williams stated in economic development you do not broadcast all of the information. Williams stated she is selling her community, not selling for Speer. Stultz stated it seems that Williams is jumping in and shorting people and not allowing the parties here to speak. Williams stated NIAR would not be looking at our Airport had it not been for Masterson and Speer, who found an option that would meet their needs. Williams stated NIAR is a $30 million company with 350 employees and that they would not send their executive director out to look for small pieces of property, they hire someone to do that. Williams stated our agreement will be with ARTDG and will be contingent on NIAR being at the Airport. Williams asked Speer to explain what would happen if this were tabled. Speer stated they have a plan B where they could take occupancy right away, and if this were tabled they would start to pursue that option.
Griffith asked how long they have had an agreement with the City of Andover. Speer stated it was September or October of last year. Speer stated that it will be a lightning testing facility and at the time they started working on it, it was going to be the largest in the country. Griffith asked why they are not building the facility in Andover to accommodate this testing facility. Williams stated the Andover facility is not at an Airport. Speer stated that if they had the extra 10,000 square feet they would have, but they don’t. Speer stated we have the first shot at this, but that there is also another facility that has an opportunity as well.
Williams stated this is not about NIAR taking over the Airport or changing the identity of the Airport, but rather leasing vacant space. Williams stated that if someone else would have wanted the space a month ago then this opportunity wouldn’t have been available.
Wallace asked what Masterson’s involvement in this is. Speer stated he is his partner. Speer stated that Masterson being a senator has nothing to do with this. Wallace asked Speer to let him decide if that has anything to do with this. Hefel asked Speer if he started negotiating with Andover in September or October in 2008, then when ARTDG was formed. Speer stated it was December 2008. Hefel asked if he was working under a different corporation in the beginning. Speer stated he had.
Leffler stated that he appreciates the discussion, but that it has gotten off track and carried away. Leffler stated he believes this is something that could be beneficial to the Airport long term and that any legalities that have been brought up tonight have been covered in the agreements. Leffler stated the agreements have been reviewed by the City Attorney and that he also believes if there is anything we or NIAR does that is improper or doesn’t meet FAA standards we will hear about it really quickly. Leffler stated he sees this as nothing more than leasing space. Leffler made a motion to approve a new Lease Agreement with Advanced Research and Technology Development Group, LLC (ARTDG). Harper seconded the motion.
Reavis stated he is looking at the cost benefit and stated the detriments out weigh the benefits. Reavis stated $5,000 per year is not worth the benefit of the new business. Reavis stated this is not a good fit for the Airport and should be in an Industrial Park. Williams stated the Industrial Park is full. Williams stated the $5,000 is only for one year and that she would have to disagree and stated that this is a good cost benefit. Williams stated we will have to fix the septic system at the Airport either way. Reavis stated we approved $20,000 in gutter improvements tonight for current tenants, and are willing to drop $40,000 more in repairs. Williams clarified that $20,000 would be paid by the City and $20,000 by Augusta Progress Inc. Williams stated these repairs will need to be made for the space to be lease able. Reavis stated he knows the contract says we can terminate the agreement if they violate any terms of the lease, but asked who would be policing this. Reavis stated he has to err on the side of safety, and that he doesn’t think this is a proper fit. Motion tied with Reavis, Huddleston, and Rawlings opposing and Wallace abstaining. Motion carries with Williams’ vote.
Leffler made a motion to approve an Assignment of Lease Agreement with Advanced Research and Technology Development Group, LLC and Aerospace Products, Inc. Griffith seconded the motion. Motion carried with Huddleston and Reavis opposing and Wallace abstaining.
Informational Memorandum & Questions:
Leffler – Leffler asked Keefer to explain the status of the annual 4th of July Fireworks display. Keefer stated it is somewhat up in the air. Keefer stated that Ignite Augusta has been coordinating the display for the last several years and that there has been a primary sponsor. Keefer stated Ignite Augusta is no longer taking the lead and the primary sponsor will no longer be able to support it as it did last year. Keefer stated the City has not coordinated the display for a number of years and just wanted to give the council a heads up to the situation as the public continues to think that the City is responsible for it. Leffler stated if the community wants a fireworks display like in the past, they need to find a way to fund it. Keefer stated the City has always taken the heat for it, but we have never funded it. We have only assisted through man power and by providing a portion of the fireworks stand permit fees. Leffler asks how much the display costs. Keefer stated it was between $7,000 and $8,000 last year.
Williams – Williams thanked the city crews for all of their work during the flooding. Williams stated she has had a lot of questions about where we are on the levee process. Williams stated we are waiting for the US Corp of Engineers and that money that has been spent on the Downtown or at the Airport are not funds that can be moved to pay for the levee project. Williams asked Keefer to give an update on where we are at in the process. Keefer stated the Corp is working on putting the design together. Keefer stated we have had a number of design documents to review and that we are working on issues such as making sure we have the right of way. Keefer stated the most recent things we are working on include identifying the parcels we have to acquire, and staff has been working to identify all of the pipelines and easements. Keefer stated it will then have to be identified whether those can stay under the levee or if they will have to be relocated over the top of the levee. Keefer stated staff is also working with property owners along the length of the levee including BNSF and Williams Petroleum. Keefer stated we are making progress but at a very slow pace. Keefer stated a recent agreement was signed for appraisals to begin and that those will take several months. Keefer stated property could start being acquired this summer. He stated he hopes to have information from Williams Petroleum about the borrow area and that we will also need to discuss Dike Road in more detail because there are easements all along there from 6th Avenue to Kelly Avenue. Keefer stated he is very frustrated it has taken so long, but as he has said before he was told by the City Manager at Ark City that it took them 30 years to get their levee completed. Williams stated the levee continues to be a priority. Keefer agreed and said the Council has continually set aside funds so they would be available as the project moves forward. Rawlings asked how New Orleans was able to get theirs repaired so quickly. Keefer said that is the difference between repairing it and rebuilding it. Rawlings stated New Orleans had to rebuild theirs.
Final Comments:
Rawlings – Rawlings stated staff kept the Council informed about the flooding. Rawlings said no one held information back and that staff did the best with the information they had.
Reavis – Reavis stated the communication process worked well and that he would like to offer his gratitude to the city staff for all of their hard work and effort.
Wallace – Wallace stated that what started this whole issue tonight was the last minute push to vote on it now. He stated he is not against improvements, but that he wants to check out the facts. Wallace stated that it was alluded to that some of the council was involved in the process and wondered why the whole council wasn’t involved. Wallace stated a simple question about Masterson’s involvement got feathers ruffled and asked why. He said it makes him feel like he is being force fed and that something is not on the up and up. Wallace stated he abstained from voting because he feels like this might be a good thing for the Airport but at the same time doesn’t want to say yes and find out there were problems later. Wallace stated in the future if he feels like the council is being last minuted, he will go on the record saying that he is voting against it no matter how good it sounds for the City. Wallace stated he doesn’t think it’s fair for the council. He said he was glad the mayor worked so hard on this and he thinks she is doing a great job on all this individual work, but that a lot of the last minute stuff feels like we have to do it your way or no way. Wallace stated the council is voted in to represent the people of this town too, and they are supposed to be making decisions. He said they cannot make good decisions without all the information.
Williams – Williams stated she will always do what in her opinion is in the best interest of the community.
Huddleston – Huddleston stated he is concerned about the way this body is governed. He said when he asked about not having adequate information about the item on the agenda he was told they couldn’t let him know because of negotiations and because getting the council together would be a violation of the Open Meeting Act. He said he was later told that some council members were privy to information earlier last week. Huddleston asked why some were privy to the information and not others.
Griffith – Griffith state he was contacted by a resident in the northwest part of town about another access road to the Dike Road through a whistle in a road over in Loomis Land. Rawlings stated that road is not existent on any map. Rawlings stated if that area is flooded then the Dike Road is probably flooded too. Rawlings stated someone could get stuck unless they have four wheel drive. Griffith asked if it could be graveled and a whistle put in. Keefer stated that one of those roads belong to the City, but that the other one is a County road. Rawlings stated the whistle might get you onto Dike Road, but that you would still get stuck by flood waters further down on Dike Road.
Leffler – Leffler welcomed Josh Shaw to the City and told him that the meetings are not usually like this.
Adjourn: At 9:55 p.m. Leffler made a motion to adjourn. Huddleston seconded the motion. Motion carried without opposition.
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