Minutes 06-06-2011


JUNE 6, 2011

7:00 P.M.


The Council of the City of Augusta, Kansas met in regular session on June 6, 2011, with Mayor Kristey Williams presiding.  Council present were Matt Childers, Michael Huddleston, Michael Wallace, Mike Rawlings, Sue Jones, Ronald Reavis, and Matt Malone.  Councilmember Holly Harper was absent.  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, Dustin Avey, Corky Cook, Jason Flower, Russell Boone, and Martin Goedecke.


Prayer:  Father Michael Schemm, St. James Church, gave the invocation.


Minutes:  Reavis made a motion to approve the minutes from the May 16, 2011 meeting.  Childers seconded the motion.  Motion carried without opposition.



May (5A):  Huddleston inquired about the payment to Madrigal & Welch for $1,964.  Keefer stated it was insurance for an excavator that was rented and we were required to obtain insurance coverage for.  S. Jones inquired about the payment to Victor L. Phillips Co. for $5,731.75.  Keefer stated it was for the rental of the excavator.  Wallace inquired about the payment to Wichita Tractor in the amount of $4,670.06.  Keefer stated it was for repairs to the Parks Department’s New Holland tractor.  Keefer stated there was a problem with it when it was being used this winter, and that the original bill was over $9,000 but Cy Ricker was able to negotiate it down to the $4,670.06.  Wallace made a motion to approve Ordinance 5A in the amount of $371,843.68.   S. Jones seconded the motion.  Motion carried without opposition.



Corky Cook was present, representing the WFO Car Club, to request use of the downtown for their annual car show on Saturday, August 6th.  Wallace made a motion to approve the request of the WFO Car Club to use the downtown for their annual car show on Saturday, August 6th.  Huddleston seconded the motion.  Motion carried without opposition.


Old Business:

Emergency Water Supply Plan:  Rawlings made a motion to approve the City of Augusta’s Emergency Water Supply Plan.  Childers seconded the motion.  Motion carried without opposition.


New Business:

Sunday Sales:  Childers stated the Ordinance does not mention Christmas day and asked if as it is written does that mean they can be open on Christmas day.  Russell Boone stated that State Statute says that they cannot sell on Christmas day.  Williams stated the 8% alcohol tax is sent in to the State to divvy up and that there is no sales tax.  Boone agreed.  Wallace made a motion to approve Ordinance 2023 authorizing the Sunday Sale of packaged Alcoholic Liquor and Cereal Malt Beverages.  Childers seconded the motion.  Motion carried with Rawlings voting in opposition.  Keefer stated the ordinance will be published this Thursday and next Thursday, then the 60 day time period starts, making it mid-August before the ordinance takes effect.


Levee Enhancement Project: Dustin Avey with Piper Jaffray was present.  Avey stated the credit rating for the temp notes was SP 1+, which is the highest rating available.  Avey stated the bond amount includes $2M for the project and additional funds to cover the capitalized interest and cost of issuance.  Avey stated the construction is scheduled to be complete in 2013 and at that point we will know the actual costs and will convert the temp notes to bonds.  Wallace asked if the interest rate is 2%.  Avey stated that is the coupon rate and that the net interest cost will be 1.72%.  Wallace made a motion to approve Resolution 2011-07 authorizing the issuance, sale, delivery and payment of General Obligation Temporary Notes in the amount of $2,075,000 for the Levee Enhancement Project and authorizing the execution of related documents.  Reavis seconded the motion.  Motion carried without opposition.


Property Purchase: Mike Rawlings abstained from the discussion and voting due to a potential conflict of interest.  Reavis made a motion to approve a property purchase agreement with Daniel and Jerolyn Biehler for two tracts of property related to the Levee Enhancement Project.  Childers seconded the motion.  Wallace asked how many buildings are on this property and Keefer stated there are none.  Keefer stated we are purchasing 3.71 acres and a ponding easement.  Wallace asked if there is a potential we will use up to 14 acres.  Keefer said it was possible depending on the conditions.  Motion carried with Rawlings abstaining.


Bids:  Council considered bids for the relocation of water lines as part of the Levee Enhancement Project.  Wallace asked Goedecke how W.B. Carter Construction was able to come in so much lower than the other bidders.  Goedecke stated they really wanted the job.  Goedecke stated they are a reputable company that has done work for the City of Wichita.  Goedecke stated this is an unusual project, as it handles potable water and has a restrictive timeline.  Wallace stated he is concerned about having change orders in the near future because we didn’t anticipate things.  Goedecke stated their bid, like the others, included a per unit price.  Huddleston stated that W.B. Carter Construction’s bid was 26% lower than the next lowest bidder and asked Goedecke if there will be change orders.  Goedecke stated he does not anticipate any. 


Malone asked Goedecke how he comes up with his estimate.  Goedecke stated he looks at material prices and makes an estimate for the labor, and that he compares it to other bids.  Goedecke stated he received a call the day before the bid letting telling him that material prices had gone up.  S. Jones asked if they had already turned in their bid.  Goedecke stated it was a supplier that called him, not a bidder.  S. Jones stated that Goedecke had estimated a unit price of $300 for concrete thrust blocks and that Alan’s Excavating bid a unit price of $650, Dondlinger $160, Nowak $400, and W. B. Carter bid $60.  S. Jones asked Goedecke if he felt confident it is the same quality.  Goedecke stated there is a lot that goes in to how the contractors spread their costs, such as labor.  Each person reviews the plans and how much material and labor is needed.  Goedecke stated he doesn’t know how W.B. Carter spread their costs.  Huddleston asked if they are bonded.  Goedecke stated they provided a bid bond and a performance bond.  Huddleston made a motion to approve the bid from W.B. Carter Construction Company in the amount of $146,131 for relocation of water lines as part of the Levee Enhancement Project.  Wallace seconded the motion.  Motion carried without opposition.


REAP:  Council considered approval of the City’s membership in the Regional Economic Area Partnership’s (REAP) Water Resource Committee. Wallace asked how many other towns in our County are on this committee.  Williams stated there are over 30 cities and counties, including Wichita, Andover, Derby, and El Dorado.  Wallace stated he was not sure of the cost.  Williams stated that because we are joining mid-year it would be half of the full year’s membership of $1,656.  Wallace asked if this rate is in addition to our current membership in REAP.  Williams stated it is and that those are two different memberships, one for our government agency which we have always been a part of and the other is for the Water Resource Committee which we have never been part of.  Huddleston stated all the memberships will be around $2,400.  Williams stated the important thing for this committee is water and cost and that they are looking at long term water solutions.  Williams stated at the last meeting there were 57 people present, but that Augusta was not represented. 


Huddleston asked if REAP has the Douglass Reservoir on the table for us.  Williams stated that is not a project at this time.  Keefer stated that there was a lack of participation, so it is not being pursued.  Keefer stated he has heard several comments that it is still out there as an option, but that no one is willing to spear-head it.  Williams stated it is very cost prohibitive. 


Williams stated that Augusta has the ability to sell water and that Keefer is looking at ways to increase our sales.  Williams stated if this is approved we would need to have a representative from the City that could attend the meetings.  Reavis made a motion to approve the City’s membership in the Regional Economic Area Partnership’s (REAP) Water Resource Committee, effective July 1, 2011.  Childers seconded the motion.  Motion carried without opposition.  Malone stated he was interested in representing the governing body at these committee meetings and Keefer stated he or Shaw would attend based on their availability. 


Work Session:  Childers made a motion to schedule a work session for 6 p.m., Monday, June 20th to review the site plan for the Kelly & Ohio Street Intersection Project.  Reavis seconded the motion.  Motion carried without opposition.


K-9 Training Agreement:  Council considered approval of an agreement with Kasseburg Canine Training Center for the purchase of a trained K-9 and training for the handler.  Williams stated Sgt. Chad McCluskey raised $11,600 for the purchase of the new K-9.  Keefer stated this agreement is our commitment to the training and for issuing a deposit.  Keefer stated that McCluskey will go to Alabama the later part of September and will be living there for 8 to 10 weeks for training.  Wallace asked if the $14,000 in the agreement includes housing.  Keefer stated it does, but that it doesn’t include meals and other travel expenses.  Keefer stated in addition to the $11,600 McCluskey raised there was $5,000 donated by the Marsh family to the Department of Safety that will be used as well as funds from the asset recovery monies.  Wallace made a motion to approve an agreement with Kasseburg Canine Training Center for the purchase of a trained K-9 and training for the handler.  Childers seconded the motion.  Motion carried without opposition. 


Informational Memorandum:

Williams – Williams stated the City has two new websites, www.movetoaugustaks.com and www.flyaugustaks.com.  Shaw stated there was $20,000 raised for the NRP Marketing Plan for the commercials and advertising.  Shaw stated the www.movetoaugustaks.com website was set up as part of that plan and that we are trying to generate as much interest as we can in Augusta.  Shaw stated we are also testing a property listing feature to see how it works.  Huddleston asked if it explains the 95% tax rebate for new construction.  Shaw stated it does and that there is a whole page dedicated to the NRP, including the application, guidelines, and contact information.  Huddleston asked if we own the ads.  Williams stated we do.  Williams stated that Shaw spent approximately 40 hours of his own time building this website.


            Shaw stated the www.flyaugustaks.com site was created as part of the marketing plan to promote our Airport to new customers and get people to use the airport.  Shaw stated the site went live last week and that social media is being used to promote it.  Shaw stated there is an opportunity to use the site for advertising as well.  Williams asked if the new airport manager is managing the Facebook page.  Shaw stated he isn’t yet, but will be and that he will also maintain a manager’s blog.  Shaw stated the site will help with communication and keep people informed about what is going on at the Airport.  Childers asked who posted the last comment on Twitter.  Shaw stated he has been the person posting on Twitter up to this point. 


Wallace – Wallace stated the memo from the State referenced the Kelly/Ohio Intersection project as the “Roundabout” project.  Keefer stated that isn’t correct and that the State knows the project no longer includes a roundabout.  Keefer stated that staff is also not going to do anything with regard to property acquisition until the field check plans have been signed by KDOT and the Council.


Huddleston – Huddleston stated there was nothing mentioned in the memo regarding the work being done on 7th Street about removing the dip at 7th and Osage.  Keefer stated the contractor is very aware of that dip and they know that they need to take it out. 


            Huddleston referenced item #14 and asked what is going on at Santa Fe Lake.  Keefer stated the lake is very low.  Keefer stated that KDHE has contacted Rod Davis about concern for the fish if the water continues to evaporate, and that there might be a potential for a massive fish kill due to the low water levels.  Huddleston asked if the low water levels are allowing work to be done.  Keefer stated that Davis is doing what work he can with the resources he has available to him. 


            Huddleston stated the Butler County Meeting Minutes lists the board of the Solid Waste Committee and asked why the City of Augusta does not have anyone listed.  Keefer stated that Cy Ricker and Anthony Craft are the city’s representatives and have been attending those meetings.  Keefer stated he would check in to why Augusta was not listed.


            Huddleston asked Keefer if he found out anything about the cross-cuts on Ada.  Keefer stated he was able to find that one of those were ours and the other belonged to the gas company.  Huddleston asked how long that would be left open, because it had been over a month.  Keefer stated he did not ask Cy Ricker about that.  Keefer stated he originally thought it belonged to the gas company, and that Dan Allen and Cy Ricker have been speaking with the gas company about those.  Huddleston stated there are several companies that come into town and cut across our streets, sidewalks, etc. and we do not know where they have been.  Huddleston asked if we could require permits so we know where they have been and can make sure they repair what they have torn up.  Keefer stated permits are already required but that he doesn’t know what the penalty would be for not getting one.  Keefer stated he would need to research this.  Huddleston stated it is something we should consider.  Keefer agreed.  Huddleston stated the problem is that we don’t even know who is doing the work because they are not getting a permit.  Huddleston stated he is not looking for a fee, but a way to get control of who is doing the repairs and how they are being done.  Mr. All stated if they did not get a permit and did not make the proper repairs, they would be liable to pay for the cost of the necessary repairs.  Mr. All stated the other option would be to file a complaint for them not obtaining a permit.  Wallace stated the City Inspector could follow up to make sure the repairs would be made according to the city code.  Huddleston agreed and stated no one had been checking on them in the past until there was a complaint.


Keefer – Keefer referenced item #11 and stated that Councilwoman Jones initiated the discussion and should be recognized for her assistance in working to develop and promote the plan.  Keefer stated the pots were planted today. 


Final Comments:

Rawlings – Rawlings stated there are several pit bulls on E. 14th from Ohio to Johnson.  Keefer stated he would pass that along.  Rawlings stated there was discussion on the blogs about the City needing to repair the railroad tracks on Walnut/77 Hwy and asked Keefer to explain who is responsible for the tracks.  Keefer stated the tracks are outside the city limits and that it is the responsibility of KDOT and the railroad company to maintain that roadway.  Rawlings stated that it seems as if the tracks are replaced every five years or so.


            Rawlings stated there has also been discussion on the blogs that the City should be dredging the Augusta Lake.  Rawlings stated that is a huge expense, several million dollars, and there are a lot of KDHE rules on how to handle the material that is removed.  Rawlings stated you cannot just go and dredge the lake.  Rawlings also stated that the Augusta Lake is not that bad.  Williams agreed and stated that the Kansas Biological Survey said that Augusta Lake is not in that bad of shape, and that it wouldn’t be worth the cost to do anything to it at this time. 


Malone – Malone stated that a while back there was a company that was going to do a demo for the City of a milling machine to remove asphalt, but that our equipment would not handle it so they did not.  Malone stated they have new machines that are smaller and asked Keefer to look in to that as well as the cost for a new loader.  Keefer stated that we do need to replace our loader in the near future.  Keefer stated he would check with Cy Ricker about the milling machine.


Williams – Williams stated that Congressman Pompeo was in Augusta today.


Reavis – Reavis stated there was a request put out on the Friday before Memorial Day for help to put flags out at the cemetery for our veterans.  Reavis stated that it started at 6:00 p.m. and that by the time he got there at 6:15 p.m. there were several people working on placing flags throughout the cemetery.  Reavis stated it was done in half an hour.  Reavis thanked everyone that was involved in that project.


            Reavis referenced the Lincoln School project and asked if the project on Robbins was a new storm sewer and did it tie into the existing sewer.  Keefer stated the storm sewer is new from the school to the Lake.  Reavis asked where the inlet is.  Keefer stated the inlet is on the school property.  Reavis asked if we required a drainage plan.  Keefer stated we did.  Reavis stated it looks a lot like the storm water will be draining to the south.  Keefer stated when the old school building is removed the majority of the storm water will flow to the inlet.  Keefer stated that he and Goedecke had a discussion with the school about decreasing the amount of their flow. 


            Reavis stated there is a marker in Garvin Park that is part way under a tree and asked if that could be cleared out.  Keefer stated we will have to move the marker or remove the tree.


Childers – Childers announced that the Grasshopper Festival is this week on June 10th.


S. Jones – Jones asked Goedecke if the trails have been surveyed yet.  Goedecke stated it is in process.


Wallace – Wallace asked if we know who ran over the pole down by the museum.  Keefer stated we do not.  Wallace stated the sign in the median prevents large trucks from swinging out over the median to make that turn.


            Wallace stated he was informed that it will be illegal to sell 75-100 watt light bulbs soon.  Huddleston stated it is those over 100 watts.


            Wallace stated that former councilman Leffler was a member of the Capital Improvement Committee, and stated that Huddleston was interested in serving on that committee.


Adjourn:  At 8:10 p.m. Wallace made a motion to adjourn.    Childers seconded the motion.  Motion carried without opposition.

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