Minutes 06-15-2015


JUNE 15, 2015

7:00 P.M.

The Council of the City of Augusta, Kansas met in regular session on June 15, 2015, with Mayor Matt Childers presiding.  Council present were Jason Lowery, Cale Magruder, Jamie Crum, Paul Belt, Tom Leffler, Mike Rawlings, Ron Reavis and Justin Londagin.  Also present:  City Attorney Austin Parker, City Manager Josh Shaw, Assistant City Manager Cody Sims, and City Clerk Erica Jones.  Visitors present were: Belinda Larsen, John Black, Jeremy Lawson, Keith Ayotte, Chad Russell, Michael McDermott, Linda McDermott, Sarah Hoefgen, Erik Birk, Kelly Modlin, Connie Thurman, Morgan Moore, Kimberly Andrews, Dalton Patterson, Father Michael Schemm, Patrick Hughes, Pat Herian, Diane Herian, Troy Waltemath, Lisa Jeter, Mark Sudduth, Dianna Sudduth, Ken Bohon, Michele Spainhower, Mike Clifton, and Randy Johnson.


Pledge of Allegiance


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


Minutes:  Leffler made a motion to approve the minutes from the June 1, 2015 Council meeting.  Lowery seconded the motion.  Reavis asked that committee appointments be listed in the minutes going forward. Motion carried without opposition.


Ordinance 6:  Rawlings made a motion to approve Ordinance 6 in the amount of $507,794.14.  Lowery seconded the motion.  Motion carried without opposition.



Patrick Hughes, 1110 SW 140th Leon, an attorney with the Adam & Jones Law Firm, addressed the governing body on behalf of the Herian’s who own Augusta Ace Home Center.  Hughes stated he was here to bring some things to the Council’s attention regarding the sewer line so they can make better informed decisions about how to address the problem.  After being notified by the Mayor that he exceeded the five minute time limit for visitors, Hughes requested additional time and was granted an additional five minutes.


            City Attorney Austin Parker provided a summary of the situation with the sewer line and responded to some of the comments made by Hughes. 


Linda McDermott presented a request for the Children’s 4th of July Parade to be held downtown July 4th. Magruder made a motion to approve the request to use the downtown on July 4th for the Children’s 4th of July Parade.  Lowery seconded the motion.  Motion carried without opposition.


Morgan Moore and Kimberly Andrews, representing the Pregnancy and Family Resources Center, presented a request use of Shryock Park, Garvin Park and Lake Road to hold a 5K family run/walk on Labor Day morning, September 7, 2015.  Lowery made a motion to approve the request from Pregnancy and Family Resources Center to use Shryock Park, Garvin Park and Lake Road for a 5K family run/walk on the morning of September 7, 2015.  Belt seconded the motion.  Motion carried without opposition.


Pat Herian, 8241 SW Turkey Creek Rd. and owner of Augusta Ace Home Center addressed the governing body regarding the sewer line easement.  Herian asked the governing body to review the two letters his attorney has provided to them before making a decision. He stated he doesn’t want to pay for a mistake that was made prior to his birth. 



Lowery made a motion to approve a proclamation temporarily changing the name of the City of Augusta to “Hill Valley” on July 3, 2015 for the “Back to the Future in Hill Valley” 35th anniversary event hosted by the Augusta Arts Council at the Augusta Historic Theatre. Londagin seconded the motion.  Motion carried without opposition.


New Business:

Cancellation of Commercial Airport Lease with ARTDG, LLC:  Reavis made a motion to approve a request from Ty Masterson of ARTDG, LLC to cancel the commercial airport lease for the facilities commonly referred to as the “Guernsey Hangar” and the “Quonset Hut” effective June 30, 2015.  Leffler seconded the motion.  Motion carried without opposition.


Final Plat for Modlin Addition:  Leffler made a motion to approve the Planning Commission’s recommendation to approve the Modlin Addition Final Plat and authorize the plat to be filed with the Butler County Register of Deeds.   Lowery seconded the motion.  Motion carried without opposition.


Matters From/For Council:

Reminder of the Brick Street Festival scheduled for June 19th – 21st.


Leffler made a motion to schedule a budget work session for June 29th, 2015 at 6 P.M. at City Hall.  Belt seconded the motion.  Motion carried without opposition.


Consider request from Councilman Londagin to direct staff to study adjustment of speed limits on Custer Lane.  After a brief discussion the consensus was given for Londagin to bring this discussion back to the Council’s attention in September when school is back in session for a study to be conducted.


Sims provided an update regarding State of Kansas changes to the administrative regulations for the City’s revolving loan fund program through the Kansas Department of Commerce funded by the CDBG program.  Sims stated there was a lot of frustration from those that attended the session because it seems to take a lot of local control away from communities.  He stated that some communities are considering giving their loan money back to the State.  Sims states it warrants reviewing the program to make sure it is still in the best interest of the City.  He stated our program has been in place since 1988 and there is currently $438,419 in the program fund.  Sims stated this program provides start up funds to businesses or money for expansion and is not meant to compete with banks, but to be a different funding mechanism.  He stated there is typically more risk with these types of loans. He stated our last loan was for $30,000 in July of 2013.   Sims feels this program has value because it puts another tool in our tool box to help businesses.  He stated that the State said they are not going to allow loan program funds to go on unused, that it either needs to be used or turned over to the State.  Sims stated we need to see if there is a place we can use it here locally for our businesses. 


Informational Memorandum and Final Comments: 

Belt:  Belt encouraged people to cooperate with the survey that has been mailed to them or going around door to door.  Shaw stated WSU is moving on with their door to door survey.  He encouraged folks in that area to support this effort because the money we get from those grant programs will improve the infrastructure that services them. He stated that the information being gathered is being kept confidential by WSU and the City is only receiving the aggregate data.  Sims stated they would be going door to door tomorrow and Friday and will be wearing WSU ID tags.  Childers asked that this information be shared on social media.


Reavis:  Reavis stated there are a couple of investors from the Hotel at tonight’s meeting.  He asked if the site plan and utility information staff has been asking for been received.  Sims stated it has not.  He stated that before the City can issue building permits he needs a set of construction plans and utility information for easements, and an updated site plan from the Architect.  He stated he heard from civil engineering firm that they are working on the finalized master drainage plans and that they received an updated site plan but we have not.  Reavis thinks we are at the point where we need to put a deadline on the project.  He stated it is time for that group to either step forward or step back.  Sims said a lot of time has been spent recently with KDOT trying to work out access management.  He stated he is working towards an August groundbreaking but needs engineering and architectural information. 


Lowery:  Lowery stated he appreciates the information he was given tonight regarding ACE Hardware. He stated a lot of folks are going to have questions and told them to feel free to ask them.  He stated the Council may not have all the answers but they will do their best.  Lowery stated he appreciated Mr. Herian’s comment about his love for the community because he does too.  He stated that he hopes everyone trusts that we will come to a conclusion in the near future that is best for the City and everyone involved.


Crum:  Crum stated there are giant pot holes in Garvin Park between the baseball diamonds and asked if we maintain those roads.  Shaw stated staff would look in to it.  Belt stated there is a big pothole at the entrance to the High School along Augusta Ave.  Childers stated there is an opportunity to report pot holes on the City’s website.



Executive Session:

At 8:09 p.m. Lowery made a motion to go into executive session for 45 minutes under the attorney-client relationship exceptions to the Kansas Open Meetings Act. Lowery asked that City Manager Josh Shaw, Assistant City Manager Cody Sims and City Attorney Austin Parker join the Council in executive session.  The governing body will reconvene in the Council Chambers at 8:54 p.m. Londagin seconded the motion.  Motion carried without opposition.


At 8:55 p.m. Lowery made a motion to exit executive session with no action being taken. Leffler seconded the motion.  Motion carried without opposition.


Adjourn:  At 8:55 p.m. Lowery made a motion to adjourn. Belt seconded the motion.  Motion carried without opposition.

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