APRIL 6, 2015
The Council of the City of Augusta, Kansas met in regular session on April 6, 2015, with Mayor Matt Childers presiding. Council present were Jason Lowery, Cale Magruder, Paul Belt, Jamie Crum, Sue Jones, Mike Rawlings, Ron Reavis and Matt Malone. Also present: City Attorney Austin Parker, City Manager Josh Shaw, Assistant City Manager Cody Sims, Street/Sanitation Superintendent Anthony Craft and City Clerk Erica Jones. Visitors present were: Belinda Larsen, John Black, Kevin Cowan, Keith Ayotte, Steve Frank, Myrna Rogers, Gary Rogers, Tom Leffler, Traevor McPherson, Justin Londigan, Rick Martindale, Connie Thurman, Jamie Barton, Casey Socha, Michele Spainhower, and Robert Buckingham.
Pledge of Allegiance
Prayer: Councilman Cale Magruder, Pastor at First Southern Baptist Church, gave the invocation.
Minutes: Malone made a motion to approve the minutes from the March 16, 2015 Council meeting. Lowery seconded the motion. Motion carried without opposition.
Ordinance 3A: Reavis made a motion to approve Ordinance 3A in the amount of $823,977.99. Lowery seconded the motion. Motion carried without opposition.
Art Buckingham, Director of Augusta Youth Soccer, was present to thank the governing body for their continued support and annual utility abatement. He stated they had 432 players last year.
Michele Spainhower, representing the Augusta Arts Council, was present to request a street closure for the 500 Block of State Street for a “Back to the Future in Hill Valley” event on July 3, 2015. Lowery made a motion to approve the street closure and adopt a proclamation temporarily changing the name of the City to “Hill Valley” on the day of the event. Malone seconded the motion. Motion carried without opposition.
Easements for 7th Avenue Waterline: Rawlings made a motion to approve and accept temporary construction and permanent easements from various property owners for the 7th Avenue Waterline Project and authorize staff to execute all required documentation and make payments to the property owners for a total of $8,041. Belt seconded the motion. Motion carried without opposition.
7th Avenue Waterline Project Bids: Jones made a motion to accept the revised City Engineer’s estimate of $566,125 for the 7th Avenue Waterline Project. Lowery seconded the motion. Motion carried without opposition.
Jones made a motion to approve the bid award to McCullough Excavating in the amount of $564,550 for the 7th Avenue Waterline Project. Lowery seconded the motion. Motion carried without opposition.
Authorizing Sale of GO Bonds 2015-A and Refinancing 2013 Temp Notes and Financing Refuse
Collection Equipment: Reavis made a motion to approve Resolution 2015-03 authorizing the offering for sale of general obligation bonds, Series 2015-A, to permanently finance the costs of improvements to the public water supply system as originally authorized by Resolution 2013-06, and to finance improvements to the refuse collection equipment as authorized by Resolution 2015-02. Lowery seconded the motion. Motion carried without opposition.
Community Development Block Grant Survey Agreement: Rawlings made a motion to approve an agreement with Wichita State University Hugo Wall School to complete citizen surveys required for the Community Development Block Grant (CDBG) program. Reavis seconded the motion. Motion carried without opposition.
Annual Williams Petroleum Agreement: Jones made a motion to approve the agreement with Williams Petroleum for the City to provide mowing services for 2015 for designated tracts of property for a fee of $13,000. Malone seconded the motion. Motion carried without opposition.
Park Board Recommendations for Sponsorship Banners on Outfield Fences at Garvin Park and the Allocation of Revenues Generated: Sims stated it was the Park Board’s recommendation to approve the sale of sponsorship signs and to channel that funding back to the Augusta Little League Baseball. Sims stated that staff’s recommendation at that time was to direct that funding through the Augusta Community Foundation as a way to make it easier for people to make that donation. He stated we could be looking at $9,000 to $12,000 in sponsorships annually. Sims stated that in further discussions with the City Attorney and City Auditor it was their recommendation not to use the Community Foundation and instead to channel that funding to a City project fund and from that point it would be up to the City Council as to how to allocate that money. He stated that staff fully supports their recommendation and therefore amends their original recommendation to use the Community Foundation. Reavis stated concerns about sponsorships raised by Augusta Little League coming to the City.
Lowery made a motion to table to the next meeting so the Council could hear more research on this. Rawlings seconded the motion. Motion failed with Lowery, Reavis voting in favor and Belt, Magruder, Crum, Rawlings and Malone voting in opposition.
Crum made a motion to allow Augusta Little League Baseball to go ahead with their fundraising, subject to city policy adopted at a later date. Belt seconded the motion. Motion carried without opposition.
Zoning Classification for 5668 SW 70th Street: Rawlings made a motion to approve Ordinance 2077 Changing the zoning classification from R-6C to R-6B for property commonly known as 5668 SW 70th Street located in the growth area of the City of Augusta. Malone seconded the motion. Roll Call: Reavis Yea, Jones Yea, Belt Yea, Magruder Yea, Lowery Yea, Crum Yea, Rawlings Yea, Malone Yea. Motion carried without opposition.
Malone made a motion to approve Ordinance 2078 Changing the zoning classification from R-6A to R-6C for property located along the western boundary o f 5668 SW 70th Street located in the growth area of the City of Augusta. Lowery seconded the motion. Roll Call: Reavis Yea, Jones Yea, Belt Yea, Magruder Yea, Lowery Yea, Crum Yea, Rawlings Yea, Malone Yea. Motion carried without opposition.
Amending Commercial Dumpster Rates and Establishing Billing Procedures for Multi-Unit Dwellings: Malone made a motion to approve Ordinance 2079 amending the commercial dumpster rates and establishing billing procedures for multi-unit dwellings. Jones seconded the motion. Roll Call: Reavis Yea, Jones Yea, Belt Yea, Magruder Yea, Lowery Yea, Crum Yea, Rawlings Yea, Malone Yea. Motion carried without opposition.
Matters From/For Council:
City Manager and Assistant City Manager will be out of the office attending the KACM Spring Conference in Lawrence, KS on April 16-17th.
Informational Memorandum and Final Comments:
Reavis: Reavis stated that through conversations with Chief Brewer, he has reviewed the ordinance and feels the present ordinance of littering would apply to the Wichita Eagle East newspapers since it is unsolicited. Reavis stated Brewer has called the Wichita Eagle and spoke to one gentleman who said their editor would be in touch with him, but as of today had not called back. Reavis stated Brewer is prepared to advise his officers if they see anyone delivering the Wichita East newspaper they could be cited for littering under the present ordinance.
Rawlings stated he received a call from the Eagle wanting his permission to also deliver a paper on Saturday or Sunday but that he told them no. Childers asked if same directive was given to the officers for the Butler County Times Gazette shopper’s guide. Reavis stated the ordinance says littering only applies to the streets, sidewalks and yards, so if it is placed on the porch then it is not littering. Malone stated what prompted this for him was when he pulled in to his cul de sac there was one to two papers in front of every house in the street, not the driveway, so that is when he called the Eagle and informed them of what I was going to try to pursue. He stated they had the carrier, who is contracted labor, contact him. Malone stated that it will be the carrier who is going to get the ticket, so they will just find another carrier. Magruder stated he saw an email on social media that you could send to in order to opt out of the delivery. Childers and Reavis stated they tried and that didn’t work.
Parker stated that we are walking a fine line relating back to the first amendment. He stated an ordinance has been presented to the Council for review that deals with the commercial hand bills. Parker stated we could talk about that in the executive session if we have a little extra time and have a resolution yet this evening. Reavis stated the present ordinance is very specific on what is allowed and he shouldn’t have to call someone to tell them not to deliver a paper it in my yard. Parker stated there are certain things that create the potential for legal risk. Reavis stated he is willing to take the risk. Magruder stated this has come up over and over again and we need to direct staff to look into this. Reavis stated he thinks our ordinance covers this issue.
Jones: Jones stated she was pleased to see the memo from Sims about code compliance. She asked if we need to review the ordinances to make sure they say what we want them to say before we start enforcing them. Sims stated the City is currently governed by the International Property Maintenance Code (IPMC) Version 2003, but staff is currently reviewing IPMC Version 2012 and preparing to bring it to the governing body, which will bring our code up to more current time to help address various issues. Parker stated we are the authority under state statute to take certain action to address code violations like nuisances. He stated that state statute provides us much more protection.
Jones stated the one thing she wants to be careful of is that we make sure it is done in a fair, equitable and compassionate manner. Sims stated it is a holistic approach and that code compliance is never popular but what we are proposing to do is an education component to help folks understand where we are and where we are going, before severe implementation. Shaw stated the audit portion is what is being proposed now and use that data for the grant program and how to move forward.
Reavis stated the Inspection Department is out there every day addressing these hazards but they don’t have the legal teeth they need to get things done. Jones stated she isn’t picking on the Inspection Department, but just saying that what is being laid out here is a much more comprehensive program then what we are currently experiencing and the fact that Sims has identified that you need to have workshops and education that is key to what we want to do. Sims stated the intent with the comprehensive code compliance audit is to get the big picture view of what we are facing in the community because it is his belief that everything can’t resort to a condemnation. He stated we have to understand what tools of code compliance to use to get the maximum return on our efforts and it could identify areas where new funding mechanisms can help alleviate some of this.
Belt made a motion to take a five minute break prior to executive session. Reavis seconded. Motion carried without opposition.
Lowery: Lowery stated he was interested in hearing more about the ordinances Parker spoke of in executive session. Lowery stated he doesn’t want to just penalize the contracted employee but the vendor.
At 8:29 meeting was adjourned for a five minute break.
At 8:34 meeting was reconvened.
At 8:35 p.m. Lowery made a motion to go into executive session for 25 minutes under the personnel matters of non-elected personnel and matters deemed privileged in the attorney-client relationship exceptions to the Kansas Open Meetings Act. Lowery asked that City Manager Josh Shaw and Assistant City Manager Cody Sims join the Council in the executive session. The governing body will reconvene in the Council Chambers at 9:00 p.m. Malone seconded the motion. Motion carried without opposition.
At 9:00 p.m. Malone made a motion to exit executive session with no action being taken. Lowery seconded the motion. Motion carried without opposition.
Adjourn: At 9:00 p.m. Rawlings made a motion to adjourn. Reavis seconded the motion. Motion carried without opposition.