Minutes 09-19-2011


SEPTEMBER 19, 2011

7:00 P.M.


The Council of the City of Augusta, Kansas met in regular session on September 19, 2011, with Mayor Kristey Williams presiding.  Council present were Holly Harper, Matt Childers, Michael Huddleston, Sue Jones, Mike Rawlings, Ronald Reavis, and Matt Malone.  Councilman Michael Wallace was absent.  Also present:  City Manager Bill Keefer, Assistant to the City Manager Josh Shaw, and City Clerk Erica Jones.  Visitors present were: Kent Bush, Jay Anglemyer, Jim Schmidt, Andrew Hart, Kevin Cowan, Eric Christinat, and Steve Compton.


Prayer:  Pastor Terry Deaver, First Baptist Church, gave the invocation.


Minutes:  Harper made a motion to approve the minutes from the September 6, 2011 meeting.  Malone seconded the motion.  Motion carried without opposition.



September (9):  S. Jones inquired about the payment to Augusta Progress Inc.  Keefer explained that we are the administrator for a loan program and that we pass the payments on to the loan originator.  Keefer stated the payment to Kansas Center of Entrepreneurship was for the same purpose.  Huddleston made a motion to approve Ordinance 9 in the amount of $1,408,960.49.   Childers seconded the motion.  Motion carried without opposition. 


New Business:

Levee Project:  Rawlings made a motion to approve Ordinance 2029 amending Ordinance 2022 and authorizing the issuance of additional General Obligation Bonds for Flood Control Improvement.  Malone seconded the motion.  Motion carried without opposition.


            Childers made a motion to approve Resolution 2011-19 authorizing the sale of General Obligation Temporary Notes, Series 2011-3, in the amount of $850,000.  Harper seconded the motion.  Motion carried without opposition.


            S. Jones made a motion to approve the transfer of $643,000 to the Corps Levee Escrow fund from the Electric Reserve Funds to be reimbursed with the issuance of the Series 2011-3 Temporary Notes.  Rawlings seconded the motion.  Motion carried without opposition.  Keefer stated there would be additional funds that will need to be deposited into the account after October.  Williams asked if we have been given a timeframe on when the construction will begin.  Keefer stated it will be if/when the bids are let.  Keefer stated they are estimating January, but they will have to award the bid first.  S. Jones asked if they have identified the low bidder, but have not awarded the bid.  Keefer stated they have not because the CORPS has not secured their additional funding, which has to be done before they will move forward.  Keefer stated we also have to have our portion of funds fully secured before they will move forward, which is why the council just authorized the transfer of funds.  Huddleston stated if they keep putting it off it will become more and more expensive.  Keefer stated both the City and the CORP are committed to moving forward with this project.  Reavis stated he would like to re-iterate to the citizens that the City has done everything we can do and that the hold-up is at the CORPS.  Williams asked to be kept up to date on the timeline so the governing body members can pass that information on to the citizens. 


Butler County Emergency Operations Plan:  Jim Schmidt with Butler County Emergency Management was present to request that the Council authorize the Mayor to execute the signature page for the Butler County Emergency Operations Plan.  Schmidt stated that Augusta has been a big player in this Emergency Management Plan.  Schmidt explained that the difference between the City’s Plan and the County Plan is that the County is the agency with the authority to contact the State to request assistance.  Schmidt gave a “hat’s off” to the governing body for all the mitigation work they have been doing with regard to the levee.  Rawlings made a motion authorizing the Mayor to execute the signature page for the Butler County Emergency Operations Plan.  Childers seconded the motion.  Motion carried without opposition.


Spillway/Dam Project:  Council considered approval of an Engineering Services Agreement with MKEC for construction inspection services for the Spillway and Dam Project.  Jay Anglemyer with MKEC informed the governing body that the final plans have been submitted to the Division of Water Resources (DWR) and that MKEC is confident we will have plan approval by the end of next week.  Anglemyer stated they believe they can have the bid opening the first part of November so the bids can be reviewed at the first council meeting in November.  Anglemyer stated last week they took bids for work they were doing on Lake Afton and the bids came in very favorable and below the engineer’s estimate.


            Anglemyer stated this is a standard contract for construction administration except that DWR has some specific requirements for the contract.  Anglemyer stated the bidding services is covered by our current design engineering agreement with MKEC.  Anglemyer stated an engineer will be on site any time there is construction going on, that MKEC will review and analyze all testing, verify payment requests, and make sure the contractor complies with all the necessary permit requirements.  Anglemyer stated there will be period progress meetings as well.  S. Jones inquired about whether we will be doing the Elective Paving Improvements.  Anglemyer stated it is part of the bid at this time and that the only bid alternate at this time is the removal of the fish. 


S. Jones inquired about MKEC reviewing the contractor’s choice for quality control.  Anglemyer stated they will make sure they use someone reputable, hopefully someone MKEC has worked with before, and hopefully someone local.  S. Jones inquired about the specifications in testing.  Anglemyer stated they will use ASTM specifications.  S. Jones inquired about who would be at the periodic progress meetings.  Anglemyer stated they will include the prime contractor, significant sub-contractors, MKEC’s field persons, MKEC’s engineer, and City staff.  S. Jones asked who the project manager will be.  Keefer stated it would probably be him. 


            Huddleston stated the payment provision on page five says a total not to exceed amount of $229,014.17 and that it is followed by a fixed fee.  Anglemyer stated the total, including the fixed fee, will not exceed $229,014.17.  Huddleston asked if the reimbursable expenses included in item B are included in that $229,014.17 amount and Anglemyer stated they are.  Childers made a motion to approve an Engineering Services Agreement with MKEC for construction inspection services for the Spillway and Dam Project.  Reavis seconded the motion.  Motion carried without opposition.


Spill Prevention Control and Countermeasure Plans:   Council considered approval of a proposal from Aqua Tech Engineers to update the City of Augusta’s Spill Prevention Control and Countermeasure Plans and provide training for personnel.  Keefer stated the first set of plans was made in 2006 and that this is that plan’s first update.  S. Jones asked who completed the first plans.  Keefer stated Aqua Tech Engineering.  Huddleston asked what is being updated.   Keefer stated the EPA requires an update every five years to review and address changes, etc.  Shaw stated that new tanks and equipment have been added throughout the City and that the EPA requires the plan to be updated periodically and that certain records are maintained.  S. Jones made a motion to approve the proposal from Aqua Tech Engineers to update the City of Augusta’s Spill Prevention Control and Countermeasure Plans and provide training for personnel.  Childers seconded the motion.  Motion carried without opposition.


Street Sales Tax Program:  Council considered approval of a list of street patches and repairs as part of the 2011 Street Sales Tax Program.  Andrew Hart with Goedecke Engineering was present and explained that most of the concrete work is being done at Ohio and Main and it is a result of old concrete that is moving.  Shaw presented pictures of what the current state of several of the proposed locations for work to be done.  Reavis stated that at the locations he drove around this afternoon, it appeared that the underlying factor is poor drainage.  Hart stated the intent is to raise the street back up to the curb line.  Keefer stated if it is restored to the curb line it will drain better.  Reavis asked if the gutter replacement on Ranchwood includes every driveway.  Hart stated that not all the driveways would be replaced.  Keefer stated the curb and gutter is mostly okay and that the problems seems to be more that it is breaking up at the driveways and included several driveways on adjacent streets. 


            Huddleston stated the area at Ohio and Main has failed so many times and asked there is a bigger problem there.  Hart stated the problem is that the concrete is moving and that the majority of traffic southbound on Ohio is turning there.  Huddleston stated he thought it was all concrete at 309 Main.  Hart stated the concrete joint will be replaced with an asphalt joint.  Huddleston stated there are joint problems all along Main.  Keefer agreed and stated it is going to take some time to repair all of those joints.  Keefer stated we will do this one to see if it solves the problem before moving forward.  Childers made a motion to approve the proposed list of street patches and repairs as part of the 2011 Street Sales Tax Program.  Malone seconded the motion.  Motion carried without opposition.


Informational Memorandum:

Malone – Malone referenced item #2 on the informational memorandum and stated he would like to ask the sanitation committee to get together again and bring the council more information.  Malone stated he did not feel that the council got all of the information they could have provided.  Williams asked for an example.  Malone stated that they talked a lot about what Derby did, but that Valley Center just recently changed their service to a franchise and they are now making money off the service.  Malone stated that Shaw said they took out the replacement of tires out of the budget, but that automated trucks might require more maintenance.  Malone stated that the council was told that the cost of the sanitation department goes up some years and down, but that it stays pretty flat.  Malone stated he reviewed the financials and it shows that we are actually $45,000 down over the last five years.  Malone stated that the committee didn’t contact any private haulers. 


            Childers stated he has spoken to several people and there is no general consensus from our citizens on what they want.  Childers stated he would support Malone and thinks that a work session would be beneficial.  S. Jones stated that only reviewing what Derby has done is not due diligence, and that we should get some bids from private haulers.  Malone stated he would like a list of specifications put out to bid so we can compare apples to apples.  Huddleston stated this is a big issue to our town and that the committee lacked information on what a private hauler can do for us.  Huddleston stated that if we go to an automated system we will have higher maintenance costs.  Huddleston stated the council was told that private haulers would not work with our elderly citizens with putting their dumpsters at the curb, working with special events, picking up large items, etc. but that he checked and they will do those things. 


            Reavis stated that as a member of the committee he can say that we did discuss privatization, but that it was our consensus early on as a committee that we felt privatization was not the best option or direction that needed to be explored so we didn’t go down that road.  Reavis stated that he has no problem getting back together with the committee and looking into it.  Shaw stated that the reason Derby was looked at as an example is because they documented the entire process they went through and that they were a recent example.  Shaw stated that it looking at a city that switched from a municipal trash service to a franchised service would be a better example. 


            Malone stated that he thinks we should have at least taken bids.  Shaw stated he doesn’t think everyone agrees on the specifications yet, so what would they be bidding on.  Williams stated that instead of a bid, it might be better to get some regional information on what people are paying.  Shaw stated he has those numbers, but the services provided are different from one community to another.  Keefer stated the committee was not authorized nor directed to obtain bids, that has to be done by the governing body.  Keefer stated that Hutchinson approached their trash service as an asset to the community and they sold that service to a private hauler.  Keefer stated we need to look at what our system is worth.


            Huddleston stated we should do some fact finding rather than obtaining bids, but that he would like more information.  Keefer stated there is no problem re-convening the committee, but that we need clear direction.  Williams stated the consensus is that we want more facts.  Keefer stated staff will visit with the local haulers to see what they are willing to tell us short of taking bids.  Williams stated that thanks to the newspaper the citizens have been calling and that she was stopped by someone at the grocery store who said the sanitation guys are the hardest working employees of the city. 


            Shaw asked if we should schedule a joint work session with the council and the committee.  Williams stated it should start with the committee.  Reavis stated the council should have their work session first so they can have clear direction to give to the committee on what they should be looking at.  Williams asked if it would be better for staff to develop some criteria for the committee first.  Reavis stated he thinks the committee needs more information from the council.  Childers stated Reavis made a good point, but that we are having a mini work session now.  Keefer stated he will schedule a work session for the council first.  Reavis stated that he doesn’t know that the committee needs to be there.  Keefer stated that he thinks they will want to be there.


S. Jones – S. Jones inquired about the individual evaluation of the park equipment.  Keefer stated the guy was working on it and that he hasn’t seen the report yet.  Keefer stated when he receives the report he will present it to the Park Board and then the governing body.


Final Comments:

Huddleston – Huddleston stated he has gotten conflicting information about vendors selling on 7th Street.  E. Jones stated that if they are selling locally grown produce they are not required to get a business license.  Huddleston stated that Colorado peaches are not locally grown.  Huddleston stated he has been told that if they are selling on private property they do not need a license.  E. Jones stated that is incorrect.  E. Jones stated there has been some concerns about the items being sold at the Farmer’s Market and that some of those vendors should also have a business license.  Keefer stated he has suggested Downtown Augusta Inc. obtain a business license for the Farmer’s Market to ensure they are all covered. 


S. Jones – S. Jones thanked E. Jones and her staff for the engineering cost information that was provided.  S. Jones stated she would like to have a discussion in the future about having someone officially appointed to be the city engineer.  Keefer stated that decision would be up to the governing body.  Keefer stated that some cities have a contract that specifies day to day engineering and others have a broader contract, but that it would depend on how the governing body wants to approach it.  S. Jones stated there are several engineering firms that contract with municipalities to be their city engineer.  Keefer stated in many ways that is what Goedecke is doing now, but without an official agreement.  Keefer stated we could come up with a list of things the governing body would want to be included in the agreement and ask engineering firms to provide a cost proposal.  Childers stated he sees no reason not to explore this further and Malone agreed. 


            Rawlings asked if there is a specific problem with the way things are going.  Childers stated that if we can find a cost savings it would behoove us to look at it.  Keefer stated it may not necessarily be a cost savings.  Huddleston citied issues with the Streetscape concrete downtown as a specific concern with Goedecke.  Rawlings stated that happens all the time and that they always pass those costs on to the city.  Rawlings stated we had a problem with MKEC on the water tower project and that he is surprised we continue to work with them.  Keefer stated there was a problem with that project, but that it was more with the contractor.


            The majority of the governing body would entertain staff to get ideas of what other cities have done with regard to a city engineer and the costs associated with it.  Keefer stated before he solicits bids he will need ideas of what the governing body wants in the agreement with regard to general or all-inclusive engineering.  Childers suggested we look at what other cities have done.  Williams stated it is nice to have smaller engineering firms to work with such as Goedecke and Aqua Tech and that she doesn’t know that going to a larger firm will be better for us.  Williams reminded the governing body that they always talk about going local.  Keefer stated staff will look into this and put something together for the Council to look at. 



Adjourn:  At 8:18 p.m. S. Jones made a motion to adjourn.   Childers seconded the motion.  Motion carried without opposition.      


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