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CITY COUNCIL
OCTOBER 19, 2009
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on October 19, 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, Public Works Superintendent Cy Ricker, Santa Fe Lake Caretaker Rod Davis, Director of Public Safety Tyler Brewer, Captain Bruce Relph, Sergeant Chad McCluskey, Public Safety Officer Brian Smith, and City Clerk Erica Jones. Visitors present were: Mike McDermott, Carl Svaty, Jay Anglemyer, and Martin Goedecke.
Prayer: Pastor Terry Deaver, First Baptist Church, gave the invocation.
Minutes: Harper made a motion to approve the amended Minutes of the October 6, 2009 council meeting. Reavis seconded the motion. Motion carried without opposition.
Appropriations:
October (10): Wallace asked if the $50,000 to Sutphen was the down payment for the fire truck and Keefer stated it was. Huddleston stated the payment to Southwest Power Pool is down from this time last year and that there was a negative fuel adjustment, and asked if that was due to the cost of fuel being so low. Keefer stated that there was a combination of different things that brought those down, and part of that was the cost of fuel. Wallace inquired about the payment to Blueglobes. Keefer stated it was for the Airport runway signage which is 75% reimbursable. Reavis stated the payment for $5,143.50 on page two is blank. Jones wasn’t sure why it was blank, but stated the payment was to the Augusta Animal Clinic for two months. Griffith made a motion to approve Ordinance 10 in the amount of $836,361.88. Harper seconded the motion. Motion carried without opposition. Huddleston stated the descriptions in the register summary looked strange. Jones stated there were copier problems and it appears the page was creased and folded over during the copying process.
Visitors:
Employee Awards: Williams and Keefer recognized Captain Bruce Relph and Public Safety Officer Brian Smith for their years of service and thanked them for their dedication to this community. Relph was recognized for 25 years of service and Smith was recognized for 10 years of service.
Old Business:
Spillway & Dam Project: Carl Svaty with MKEC Engineers explained the two options for repairing the dam structure. Wallace stated option two is a better choice in his opinion. Williams agreed with Wallace that option two is the best option for repair, but stated she is concerned about lowering the level of the lake and asked how low it will be. Svaty stated he couldn’t answer how low it would be without having all of the data. Svaty stated using a coffer would be an option, but that the cost to do so would be over $1 million. Williams asked how long it would take to complete the project if the water level is lowered. Svaty recommended starting to drain the lake in September or October so the work could be done over the winter. Svaty stated it would take four to five months or less to complete the project. Huddleston stated this could be a good opportunity to dredge the lake. Keefer said he would agree if we had the money available it would take to do that, but that the City of Horton has a lake about our size and it is costing them several million dollars to dredge it. Keefer stated another issue is where to put the silt. Williams asked about Kansas Department of Wildlife and Parks (KDWP) position. Williams asked if we are draining it anyway would it be a good opportunity to cleaning the outtake in the intake structure. Keefer stated it would not have to be drained to do that, but Griffith stated it would be much more expensive to use flotation instead of draining. Huddleston stated that the cost of seeding was included in option two but not in option one. Svaty stated the cost of seeding must have been included in a different category under that option. Huddleston asked about the higher contingency fee for option two and Svaty explained that the risk of accuracy of the tolerance for option two is higher; therefore a higher contingency is needed. Williams stated that with option one she is concerned the buttress on the north face would still be cracked and appear not complete. Svaty stated he had the same concern. Williams asked about the Division of Water Resources and the KDWP’s position about emptying the lake. Svaty stated they want it to be lowered. Huddleston asked if the State would restock the lake. Keefer stated if the State restocks the lake they would then have input on what we do with our lake. Huddleston asked about budgeting for the dam repairs. Keefer stated there is money set aside for engineering and design and an $185,000 grant from the EPA, and are waiting for more grants and funding from the State but that we will most likely have to issue debt for this project. Huddleston asked if it would be a few years before the project starts. Keefer stated it would be unless a project in Washington County falls through, which could move ours up to next year. Keefer stated he wants to have the project ready to go when the funds become available. Keefer stated he would like to see two-thirds of the project funded from State monies and one-third from local funding. Griffith stated he would like to see the cost for replacing the road under option one. Keefer stated there is $70,000 in the project for that but it would depend on where the road would fit whether or not that would be sufficient. Childers asked if the lake were lowered what the recovery time would be. Keefer stated when it was really low a couple years ago it was back to normal levels after two months of good rain, but if we are in a drought it could take much longer. Leffler stated it is a matter of timing it so we can take advantage of the spring rains. Rawlings stated that in option one the use of heavy equipment to haul dirt in and out would tear up the road and the park. There was a consensus by the Governing Body to pursue option two, but still with concerns about draining the lake.
Jay Anglemyer explained the permits that would be required. Anglemyer stated that he had had concerns about permitting issues if the lake was drained, but that KDWP assured him they would assist. However, their assistance would mean that they would have control over our lake that they do not have now. Anglemyer stated that when the lake is drained the KDWP would like to issue salvage permits for removing fish from the lake in manners that are not allowed now, such as using buckets. Anglemyer stated KDWP would assist the City with restocking the lake and that the City would be eligible for grant funds for projects up to $40,000. KDWP would also provide a fish and game warden. Anglemyer stated KDWP does not think the fish currently in the lake are the most desirable species, so they would help restock it with more desirable fish and those that would help keep the water clean. Huddleston asked if salvaging fish would require a city license and Anglemyer stated he didn’t think so. Huddleston asked if the City would still be able to control the hours of use. Keefer stated the City would loose control of a lot, including the hours of use, which is why we have shied away from this in the past because the State would become the enforcement agency of our lake. Wallace stated he didn’t know if that would be worth the price tag. Keefer stated the primary purpose of the city lake is for our water supply, not for recreation or fishing. Huddleston stated it is important to think of all possibilities upfront instead of waiting. Wallace stated that both of the designs show removal of the retaining wall and said that he sees other uses for the retaining wall, such as safety, and doesn’t think it should be removed. Rawlings asked if there was a reason for it to be removed. Svaty stated that could be added as a design item later, but that what is there currently needs to be repaired or removed.
New Business:
Bids: Leffler made a motion to approve the bid from Surface Protection Services in the amount of $100,637.85 for the 2009 Street Sales Tax Street Maintenance Projects. Reavis seconded the motion. Motion carried without opposition.
Engineering Services: Leffler made a motion to approve an agreement with Aqua Tech Engineering for engineering services, not to exceed $35,000. Huddleston seconded the motion. Motion carried without opposition.
Tasers: Council considered approval of the purchase of Electro-Muscular Disruption Devices (Tasers) for the Public Safety Department. Wallace inquired about the amount of the donation. Brewer stated it is a little more than $7,000 and that the City will be responsible for around $11,000. Huddleston stated he is in favor of law enforcement having every piece of equipment available, but that he looked at Amnesty International’s website about the use of this type of equipment and felt this policy falls short of what they recommend. Brewer stated the Amnesty International study was not scientific and that they take on issues with lethal force. Brewer stated the proposed policy is based on the models provided by Johnson County and the Attorney General. Huddleston inquired about reprimands for breaking the policy and Brewer responded that it would depend on the circumstance. Huddleston inquired about the use of 5-second bursts. Brewer stated that he has viewed video of a drunken man that kept getting up after being tased and re-tased, and that sometimes it takes several times before the person will comply. Huddleston stated both Amnesty International and the proposed policy recommend avoiding the chest. McCluskey stated that it is recommended to deploy below the chest/rib cage, not because of injury but because of better penetration. McCluskey stated that there have been studies that have shown continuous 45 second shocks with no lasting effects. Brewer stated that over 13,000 agencies use tasers and 976,000 officers have had them deployed on them without ill effects.
Brewer stated that the Augusta Public Safety Department does not have use of force issues with its officers. Brewer assured the Governing Body that this would not be a shortcut to resolving issues verbally. Brewer explained a situation that occurred recently with a combative suspect who would not comply and exposed officers to both saliva and blood. Brewer stated he did not comply until after he was tased by a Sheriff’s officer. Brewer stated the suspect may have broken his wrist during the incident, and if he did the City would be responsible for paying for his medical care and treatment.
Huddleston stated Amnesty International recommended training not be conducted by the manufacturer, but Brewer stated he didn’t know why as the manufacturer would be the expert on the equipment. Huddleston inquired about public reporting of usage and Brewer stated he had no problem with that. Huddleston stated he understands that they are not lethal, but that they might be used earlier than needed. Brewer stated he has had the same concerns, but that the officers are sworn in and issued lethal weapons and there has never been an issue of them using them inappropriately. Huddleston inquired about the reference to mace. Brewer stated that it used to be the first step in the sphere of force, but now a taser would be used prior to mace. Huddleston made a motion to approve the purchase of Electro-Muscular Disruption Devices (Tasers) for the Department of Public Safety. Harper seconded the motion. Motion carried without opposition. Leffler stated that it was great to have a sizable donation from Lakepoint as it benefits the community, and that he would like to invite other businesses to donate.
SFL Building: Griffith asked for clarification on where the building will be located. Rod Davis stated it would be located at the highest point in the park, north of the lake. Griffith asked if it could be accessed from Church Road. Davis stated it could, but for now it would just be accessible from the main entrance. Huddleston inquired about water utility. Davis stated there is rural water available and that there is also electricity available. Wallace made a motion to approve the acquisition of the building located at 310 W 7th Street at no purchase cost. Harper seconded the motion. Motion carried without opposition. Rawlings made a motion to waive Section 103.2 of the City’s Zoning Regulations that prohibits the relocation of “used buildings” from outside of the City to within the City or from one parcel to another within the City. Wallace seconded the motion. Motion carried without opposition.
Work Session: Leffler made a motion to schedule a work session on Monday, October 26 at 7 p.m. to review and discuss the Airport Runway Study and the revisions to the Sign Ordinance per the previous work session. Childers seconded the motion. Motion carried with Rawlings opposing.
Final Comments:
Huddleston – Huddleston inquired about the codification. Jones stated that she has proposed work session dates to the League attorney that has been working on our codification and is waiting to hear back which date works best.
Rawlings – Rawlings stated that Ignite Augusta is working on putting up the Christmas lights in the park and could probably use help on Saturday’s to replace bulbs and string lights.
Huddleston – Huddleston asked about the Christmas tree being put up down town. Keefer stated that there had been a request to locate the tree downtown. Keefer stated that after this year there will need to be a discussion about the ownership of the tree and where to place it in the future. Huddleston asked if there had been any discussion about Christmas decorations for the downtown. Keefer stated there had been discussions and that a group was working on that but he didn’t know where they were at on that.
Reavis – Reavis asked where we are on the process of purchase cards for city employees. Jones stated that she has been working on this for some time and that there are a small group of employees that will be included in the pilot program to see how it works and then it will be decided whether or not to expand the program. Huddleston asked how that would be reflected in the appropriation ordinance. Jones stated all the purchases made with a purchase card will be included in the payment to UMB Bank. Huddleston stated he would like to see a listing of those purchases. Jones stated that a report with that information would be available and could be provided to the governing body.
Mr. All - Mr. All stated that former City Manager Homer Bair is critically ill.
Adjourn: At 8:55 p.m. Wallace made a motion to adjourn. Huddleston seconded the motion. Motion carried without opposition.
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