SEPTEMBER 8, 2014
The Council of the City of Augusta, Kansas met in a special meeting on September 8, 2014, with Mayor Kristey Williams presiding. Council present were Matt Childers, Jason Lowery, Paul Belt, Jamie Crum, Mike Rawlings, Sue Jones, Ron Reavis, and Matt Malone. Also present: City Attorney Austin Parker, City Manager Josh Shaw, City Inspector Dan Allen, and City Clerk Erica Jones. Visitors present were: Kent Bush, Sarah Hoefgen, Myrna Rogers, Gary Rogers, and Kerry Unrein.
Pledge of Allegiance
Prayer: Pastor Keith Cross, First Christian Church, gave the invocation.
Minutes: Rawlings made a motion to approve the minutes from the August 18, 2014 Council meeting amended to show Council member Lowery was absent. Malone seconded the motion. Motion carried without opposition.
Ordinance 8A: Lowery made a motion to approve Ordinance 8A in the amount of $3,027,556.12. S. Jones seconded the motion. Motion carried without opposition.
Kerry Unrein presented a request to use the Kerry Unrein Stage in Garvin Park for a bicycle swap meet and for the waiver of the standard rental fee. Childers made a motion to approve use of the Kerry Unrein Stage in Garvin Park for a bicycle show and swap meet on October 18, 2014 as well as the waiver of the standard rental fee contingent on securing the proper insurance, and authorizing staff to draft and execute a permit or memorandum of understanding for the event. Lowery seconded the motion. Motion carried without opposition.
Continuing Disclosure Services: Malone made a motion to approve the proposal from Gilmore & Bell, P.C. authorizing them to assist the City in meeting its continuing disclosure obligations through August 31, 2019 for an annual fee of $1,200. Childers seconded the motion. Motion carried with Rawlings voting in opposition.
KP&F: Lowery made a motion to adopt Resolution 2014-13 providing for the affiliation of the City with the Kansas Police and Firemen’s (KP&F) Retirement System starting January 1, 2015 for future eligible police and firefighters, and also providing for the transfer of the membership of all current eligible police and firefighters from the Kansas Public Employees Retirement System (KPERS). This only applies to eligible employees going forward from the effective date of January 1, 2015 and the City is not buying back any prior years of service. Childers seconded the motion. Motion carried with S. Jones voting in opposition.
2014 STO & UPOC: Rawlings made a motion to approve Ordinance 2065 regulating traffic within the corporate limits of the City of Augusta, Kansas; incorporating by reference the Standard Traffic Ordinance for Kansas Cities, edition of 2014, subject to changes and additions; and repealing all conflicting ordinances. Lowery seconded the motion. Roll Call: Malone Yea, Reavis Yea, Rawlings Yea, Jones Yea, Lowery Yea, Crum Yea, Childers Yea, Belt Yea. Motion carried without opposition.
Childers made a motion to approve Ordinance 2066 regulating public offenses within the corporate limits of the City of Augusta, Kansas; incorporating by reference the Uniform Public Offense Code for Kansas Cities, edition of 2014, subject to changes and additions; and repealing all conflicting ordinances. Malone seconded the motion. Roll Call: Malone Yea, Reavis Yea, Rawlings Yea, Jones Yea, Lowery Yea, Crum Yea, Childers Yea, Belt Yea. Motion carried without opposition.
ADA Accessible Ramp: Lowery made a motion to approve the installation of an ADA accessible ramp on public sidewalk in Downtown Augusta to accommodate a new entryway for Community National Bank and to authorize staff to draft and execute the necessary documents. Rawlings seconded the motion. Motion carried without opposition.
League of Kansas Municipalities Voting Delegates for Conference: Lowery made a motion to designate Malone, Childers, and Shaw as voting delegates for the annual League of Kansas Municipalities meeting and Marci Fugarino as an alternate. Belt seconded the motion. Motion carried without opposition.
KLINK Project: Childers made a motion to approve Supplemental Agreement No. 1 for Project No. 54-8 U-0139-01 for an asphalt resurfacing project on US Highway 54/400 from the West City Limits to 280 feet West of Walnut Street. Lowery seconded the motion. Motion carried without opposition.
Matters From/For Council:
FEMA LAMP Certification: Shaw provided an update of the FEMA LAMP certification process for the levee system.
City Manager Out of Office: Shaw reminded the Governing Body that he will be out of the office the week of September 13th – 20th for the ICMA conference.
Council Meeting Rescheduled: Rawlings made a motion to reschedule the next council meeting to 7 PM on September 22, 2014 at City Hall. Lowery seconded the motion. Motion carried without opposition
Informational Memorandum and Final Comments:
Malone: Malone stated he thought the red Inspection truck was going to be replaced by the new truck. Shaw stated that staff had a follow up conversation with the governing body with regard to that. He stated the white Inspection truck was in further disrepair and was therefore used as the trade-in instead of the red truck.
Reavis: Reavis recognized Rod Davis, Caretaker at Santa Fe Lake. Reavis stated that a couple weeks ago there was a drowning at the lake and Davis was able to recover the body under water and get it to the shore with the help of bystanders. Reavis thanked Davis for going above and beyond to help someone in need.
Reavis stated there is an old car parked in the old Novak’s Glass lot at 7th & State. Dan Allen stated the owner obtained a permit for a used car lot at that location. Belt asked when the lot is open for business. Allen stated the owner is currently trying to close his lot in Wichita, but that he is available to meet someone on the lot if contacted by phone.
Reavis stated that he recently heard that the word on the street is that Orschelns is no longer interested in the old Wal-Mart building because of zoning issues. Allen stated that all of that occurred over a year ago. He stated that staff is now working with the owners to try to make the property more attractive. Shaw stated the original issue is that a box store was not allowed there by code. He stated that staff has approached current property owners and worked out a developers agreement to help resolve the issues that the zoning caused. Shaw stated that he thinks the owners are now waiting for the Wal-Mart lease to end. Allen stated the issue with Orschelns was that they didn’t want to file for a conditional use permit. Williams stated she followed up with the owner immediately when the issue first came up.
Reavis stated he had several requests to fashion the light poles downtown with some type of flag holders for when events are occurring downtown. Shaw stated this has been discussed before. He stated previous concerns were about whether the poles could withstand the weight, but that he is willing to try and thinks it is a good idea. He stated he spoke with DAI about the possibility of using them for Christmas decorations. Rawlings stated the manufacturer wouldn’t originally warranty the poles if there were flag holders attached, but that the warranty period is over now so that wouldn’t be an issue.
Reavis stated that a couple meetings ago the council approved an ordinance for open burning at the park before the Safety Department had a chance to review the ordinance and that he would like to reconsider approval of the ordinance. Shaw stated the event is scheduled for this Thursday. He stated the Council approved the ordinance, the Safety Department reviewed the plan and provided input, and staff issued a permit. Shaw stated that from staff’s perspective he wouldn’t want to put this event into jeopardy because staff has put a lot of time into making sure the details were all worked out, but that the Council would have full authority to not issue a permit. Parker stated that the ordinance did not allow open burning at the park, but authorized the Council and staff to issue permits for activities in the park. Reavis stated he would be interested in revisiting the ordinance.
Jones: Jones stated the Council received email about the erosion around the dam. Shaw stated he did not respond to the email, but he contacted MKEC to ask them to do another site visit. Shaw stated the purpose of the sacrificial berm was for it to be sacrificed. Shaw stated he would report back on MKEC’s findings.
Jones stated the Informational Memorandum made comment that KDOT came back with comments on changes on the Depot. Shaw stated they made recommendations specific to the contract documents, not necessarily the design. He stated we now we have to do a bid process for the construction inspection. He stated he is working through all that and notifying all of the Architectural firms that the State recommended. Shaw stated he would suggest the Depot subcommittee review the proposals and make a recommendation. He stated that KDOT gave us until January for the bid letting for construction.
Jones would like to add to the agenda to discuss the anomalies in the sanitation, wastewater, and sewer rates. Shaw stated he and E. Jones have researched back to the 70’s for background on the ordinances. Shaw stated he received a directive from a council member about providing an alternate proposal but that he would prefer to provide the background information on the fees and have the Council direct staff on how to proceed.
Williams: Williams thanked the Lion’s Club for their contribution for the purchase of ballistic vests.
Lowery: Lowery stated he received a compliment on the way this council conducts business.
Crum: Crum stated she received a compliment for Shaw and Parker on the good job they are doing. Crum stated there is a giant pot hole on Dearborn in front of the Armory. Crum stated she was contacted by a landlord wanting to know if they can split the landfill cards between them and their tenants. Shaw stated it is a matter of reviewing the policy. He stated the original policy is that the coupons were to be for the benefit of our residents and not commercial customers. Shaw stated there may be a way to make it work, but any changes would have to be approved by the County landfill.
Childers: Childers reminded everyone of DAI’s efforts to raise money for downtown Christmas lights. He stated they are half way to their monetary goal. He said you can go to downtownaugustainc.com to donate.
Adjourn: At 8:12 PM Belt made a motion to adjourn. Childers seconded the motion. Motion carried without opposition.