Minutes 12-15-2014


DECEMBER 15, 2014

7:00 P.M.


The Council of the City of Augusta, Kansas met in regular session on December 15, 2014, with Mayor Matt Childers presiding.  Council present were Jason Lowery, Cale Magruder, Paul Belt, Jamie Crum, Mike Rawlings, Sue Jones, Ron Reavis, and Matt Malone.  Also present: City Attorney Austin Parker, City Manager Josh Shaw, Assistant City Manager Cody Sims, and City Clerk Erica Jones.  Visitors present were: Kent Bush, John Black, Myrna Rogers, Gary Rogers, and Terri Rawlings.


Pledge of Allegiance


Prayer: Terri Rawlings, Grace Pointe Church, gave the invocation.


Minutes: Reavis made a motion to approve the minutes from the December 1, 2014 Council meeting.  Jones seconded the motion.  Motion carried without opposition.


Ordinance 12: Rawlings made a motion to approve Ordinance 12 in the amount of $457,910.97.  Malone seconded the motion.  Motion carried without opposition.


Oath of Office:

E Jones administered the Oath of Office to Cale Magruder who will fill the vacant position and unexpired term of former Ward 1 council member Matt Childers


Introduction of new Assistant City Manager Cody Sims.



Zoning 11229 SW 104th Terrace: Lowery made a motion to approve Ordinance 2074 reclassifying the zoning district for a tract of land located at 11229 SW 104th Terrace from Residential-6B to Residential-6A.  Belt seconded the motion.  Roll Call: Reavis Yea, Jones Yea, Belt Yea, Magruder Yea, Lowery Yea, Crum Yea, Rawlings Yea, and Malone Yea. Motion carried without opposition.


2014 Audit:  Malone made a motion to award the audit of the City’s 2014 Year End Financial Services to George, Bowerman & Noel, P.A.  Lowery seconded the motion. Motion carried without opposition.


Public Hearing for 2014 Budget Amendments:  A public hearing was conducted to take input on the 2014 Budget Amendments.  The hearing was closed after no one came forward with comments.


Reavis made a motion to approve the 2014 Budget Amendments for the Street Sales Tax Fund, Sanitation Fund, and Water Sales Tax Fund.  Jones seconded the motion.   Motion carried without opposition.


2015 Cereal Malt Beverage License Renewals:  Jones made a motion to approve the applications for 2015 Cereal Malt Beverage License Renewals.  Reavis seconded the motion.  Motion carried with Rawlings and Magruder voting in opposition.




Matters From/For Council:

Shaw:  Shaw stated the Street Sales Tax Advisory Committee Public Hearing dates have been set for January 8th and January 22nd at 6 p.m. at City Hall to take input on 2015 street projects.


            Shaw reminded the Council that the City will be closed December 25th, December 26th, and January 1st and that we will be running the holiday trash routes.


Informational Memorandum and Final Comments:

Reavis: Reavis asked that when the Developer’s Agreement is finalized that it be provided to the Council prior to the normal Thursday distribution of the council packet so they have more time to review it.  Jones agreed.  Malone said he would want to renegotiate the entire deal.  He stated Mr. Sheth has said dealing with the City of Augusta is like taking candy from a baby.  Malone stated he is already shopping his share of the hotel to members of the community even though we have been told all along that he is in it for the long haul.


            Reavis welcomed Magruder to the council.  Reavis recognized the Utility Office Staff for the Holiday Open House.


Jones:  Jones asked if now that we have staff capabilities for Economic Development she would like to have a discussion reviewing the relationship between the City and Augusta Progress, Inc. and if staff will have this as an agenda item in the near future. Shaw stated he doesn’t have a specific agenda item planned in the near future because we are still discussing it internally.  He stated it is a position we’ve crafted to fill that role and to address some of the items in the strategic plan with regard to how we do economic development and related to how those different organizations relate to the City to perform those functions.  Shaw stated he would encourage input and understanding from the Council once we have our feet on the ground.  He stated he didn’t know what type of agenda item he would see but that a work session would be a better setting for that type of discussion.  Jones agreed and asked if this is an Ordinance or Resolution item that would have to be changed.  Shaw stated it is a Resolution for API.


            Jones inquired about staff meeting with representatives with Cottonwood Point about utilities.  Shaw stated staff reviewed their concerns and informed them of the work session coming up to review the sanitation code.


            Jones stated the decoration on the west side of the gate at Garvin Park has never worked.  Shaw stated he would look into that.


            Jones stated that she heard the same comment Malone did but from a different source about Sheth boasting that Augusta was really easy to get money from.  Childers asked Jones if she or Malone contacted Sheth to address the comments.  Both stated they had not.


Belt:  Belt stated he was contacted by someone who tripped downtown and said the yellow paint is deteriorating or chipping off.  Shaw stated that he would bring that up to Public Works.


Magruder:  Magruder stated he is available through email at This email address is being protected from spambots. You need JavaScript enabled to view it., his home phone at 425-3802, and through Facebook and Twitter.


Malone:  Malone stated as a follow up to his earlier comments regarding Mr. Sheth, the gentleman that negotiated the deal with hotel developer resigned after a very short stint and that it might not be a bad idea to revisit this conversation with him.


Executive Session: 

At 7:35 p.m. Rawlings made a motion to go into executive session for 45 minutes under the attorney-client privilege and real estate acquisition exceptions to the Kansas Open Meetings Act.  I ask that City Manager Josh Shaw and City Attorney Austin Parker join the Council in the executive session.  The governing body will reconvene in the Council Chambers at 8:20 p.m.  Belt seconded the motion.  Motion carried without opposition.


            At 8:20 p.m. Malone made a motion to exit executive session with no action being taken.  Reavis seconded the motion.  Motion carried without opposition.



Adjourn:  At 8:20 p.m. Reavis made a motion to adjourn.  Belt seconded the motion.  Motion carried without opposition.

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