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CITY COUNCIL
AUGUST 3, 2009
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on August 3, 2009, with Mayor Kristey Williams presiding. Council present were Holly Harper, Matt Childers, Michael Huddleston, Michael Wallace, Tom Leffler, Mike Rawlings, Robert Griffith, and Ronald Reavis. Also present: City Manager Bill Keefer, City Attorney David All, Assistant to the City Manager Josh Shaw, and City Clerk Erica Jones. Visitors present were: Kent Bush, Kelsi Holsey, and Martin Goedecke.
Prayer: Pastor Steve Hollingsworth, Central Baptist Church, gave the invocation.
Minutes: Wallace made a motion to approve the Minutes of the July 20, 2009 council meeting. Harper seconded the motion. Motion carried without opposition.
Appropriations:
July (7A): Huddleston asked what month the Kansas Power Pool bill was for. Keefer stated it was for the month of June, and that the average cost was around $55 per megawatt. Wallace made a motion to approve Ordinance 7A in the amount of $1,073,604.33. Harper seconded the motion. Motion carried without opposition.
New Business:
Change Order: Council considered approval of a change order for the Sewer Bypass Project. Griffith asked if these were not anticipated when the project was originally designed. Goedecke stated that he had anticipated the change at the Zeiner building but was not able to contact the property owners prior to the original plans being completed. Goedecke stated he has spoken to them since and they have agreed to pay $3,100 of the cost. Goedecke stated the asphalt and concrete at Zipper mower was found to be more broken up than originally thought. Keefer stated that both of these are within the public right of way. Wallace made a motion to approve a change order in the amount of $6,561.60 for the Osage Street Relief Sewers and Improvements Project. Huddleston seconded the motion. Motion carried without opposition.
Lease Purchase Financing: Council considered approval of a lease purchase agreement to finance the purchase of a street sweeper. Reavis asked if the governing body is obligated to take the low bid. Keefer stated they are not, but that in the past they have in order to save the citizens dollars. Reavis stated the difference between Commerce and Intrust is only $318 a year, and that it is worth that to pick a local bank that gives a lot to this community. Griffith stated if we start not taking the low bid it will cost more in the long haul, because businesses will stop providing bids. Keefer stated that the governing body has given local preference in the past, but that it has been very rare. Reavis made a motion to accept the bid from Intrust at the interest rate of 3.834% and annual payments in the amount of $27,441.60 for four years. Motion died from lack of a second. Wallace made a motion to approve the low bid from Commerce at the interest rate of 3.340% and annual payments in the amount of $27,121.78 for four years and a one time transaction fee of $150. Rawlings seconded the motion. Huddleston inquired about how the banks that provided bids were on the bid list. Jones stated she sent bids to all the local banks, and that she was contacted by Commerce and First Bank to add them to any lease purchase bid list. Motion carried with Reavis opposing and Childers abstaining.
Augusta Heights Defeasance: Reavis made a motion to authorize staff to move forward with the defeasance for the Augusta Heights Waterline. Childers seconded the motion. Motion carried without opposition.
Fixed Asset Waiver: Rawlings made a motion to approve Resolution 2009-13 waiving the statutory requirements for Fixed Asset Accounting. Harper seconded the motion. Motion carried without opposition.
Informational Memorandum & Questions:
Huddleston – Huddleston stated that the chimes on the clock in the roundabout are not loud enough. Huddleston stated he understands there is an amplifier attached to the clock and requested staff to look into that.
Huddleston stated that he is not satisfied with the answer on why the City is responsible for the $45,000 in additional work on the Streetscape project and asked why the engineer wouldn’t be responsible for that cost. Wallace stated that a couple of months ago he asked to have the contracts or agreements state that the engineer is responsible for these types of errors and the council voted not to. Mr. All stated that specifications are part of the engineer’s work product. Mr. All stated if the council chose to, they could pursue and errors or omission claim. But, this change has already been approved. Keefer stated that the contractor performed the work per the plans, but bid based on the bid specification/quantities that were listed incorrectly. Williams stated that if it had been omitted the engineer would have had to pay; but that the cost per item is the same it is the quantity that was incorrect. Williams stated the council did not vote to have the engineer not liable, and that if the City could prove that he was negligent then we could pursue a claim. Wallace stated the council voted to not add that clause. Williams stated that everyone, including staff, the council, and the engineer missed this error. Huddleston stated that yes, the work was done and the contractor deserved to be paid. But, we leave this to those that do this type of work to make sure the plans are correct. Huddleston stated if the council had known of this expense early on, they may have done things differently. Huddleston stated this has taken $45,000 out of the contingency that wasn’t planed and that citizens would have like to have done other things with those funds but are unable to now. Williams asked if the clause that Wallace had suggested be included in the contracts or agreements would help the City. Mr. All stated that if there was a liability, we would have to litigate whether the clause was in the contract or not. Mr. All stated if it was in the contract it might make our case stronger, but he could not say for sure without looking at the contract. Goedecke stated that this was an error in the quantities and had the City known in advance it would have paid the higher amount in advance and would have had a smaller contingency fund. Goedecke stated that contingency funds are for unanticipated expenses, and that is what this was. Goedecke stated there were other anticipated expenses such as extra rock and environmental tank removal that will come out of the contingency funds as well. Goedecke stated if you go to the grocery store and purchase 10 apples priced at $1.00 each and they only ring up $0.50, if you’re caught on the way out and it is corrected you will have to pay for that. Huddleston stated the contingency funds are for unanticipated expenses, not for things that are bid. Leffler asked Goedecke have there not been times that the actual cost has come in under his estimate. Goedecke stated there has. Leffler stated that life balances out. Goedecke stated that that the street sales tax project bid came in $130,000 under the estimate.
Wallace – Wallace inquired about the departmental hours being listed on the website. Jones stated that she had listed those on the website.
Williams – Williams stated that the website is great and includes applications for loans and other links. Williams stated the City is now on twitter as “City of Augusta Kansas”. Williams stated that she is on twitter as “Augusta Mayor”. Huddleston asked if it was intentional that there were no pictures of the council. Keefer stated it was not intentionally omitted and that he would like to have their pictures on the website. Keefer stated that staff will probably ask to take the council’s picture in the future.
Harper – Harper asked who is in charge of landscaping the new signs. Keefer stated that the Park department is responsible for that and that he is aware that it needs weed eated. Huddleston asked if a light can be installed to shine up on it so you can see the sign from a distance.
Final Comments:
Williams – Williams stated that the westward expansion study revealed some large numbers and that the company conducting the study is going back to par that down and will share that with API. Shaw stated that API has directed them to provide ideas for what can be implemented in phases so that progress can be made in smaller steps.
Williams stated that as a result of the 7th Avenue enhancement committee meeting they will be looking at creating a funding mechanism. Williams asked where staff is on a sign ordinance. Keefer stated that we will have several work sessions that need to be scheduled to discuss the sign ordinance, codification, the airport, the levee, etc. Williams stated that during the 7th Avenue enhancement committee meeting it was requested that there be a site committee.
Leffler – On behalf of himself and his wife Patty, Leffler thanked the members of the governing body, staff, and the community for their outpouring of sympathy and support after the loss of his son Cory.
Leffler stated that after all the discussion about westward expansion and the 7th Avenue enhancement; he has driven in to Augusta from the west and would have to compare Augusta to an old book. It may be old and need a new cover, but there are good people in this community which makes it great.
Reavis – Reavis reminded the public that there is a budget hearing scheduled for next Monday at 7 p.m. and that the council is looking at a slight decrease in the mil levy. Reavis stated if someone has budget concerns to contact staff or the council. Reavis encouraged public input.
Reavis thanked the citizens and businesses of Augusta for a successful car show this past weekend. Reavis stated there were at least 400 cars, and some businesses had to go out and purchase more food to feed those that attended.
Wallace – Wallace thanked the volunteers that planted the flowers in the new pots along State Street.
Adjourn: At 8:10 p.m. Wallace made a motion to adjourn. Childers seconded the motion. Motion carried without opposition.
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