DECEMBER 5, 2016
The Council of the City of Augusta, Kansas met in regular session on December 5, 2016, with Mayor Matt Childers presiding. Council present were Cale Magruder, Jason Lowery, Paul Belt, Jamie Crum, Mike Rawlings, Tom Leffler, Justin Londagin and Ron Reavis. Also present: City Manager Josh Shaw, City Attorney Austin Parker, Assistant City Manager Cody Sims, Public Works Director Jaime Goering, Electric Utility Director Bill Webster and City Clerk Erica Jones. Visitors present were: Belinda Larsen, John Black, Matt Pray, Sarah Hoefgen, Connie Thurman, Ken Brinkman, Eric Birk, Erin Allen, Kirk Larson, and Tom Bishop.
Pledge of Allegiance
Prayer: Pastor Paul Andrews, Life Church, gave the invocation.
Minutes: Reavis made a motion to approve the minutes from the November 21, 2016 Council meeting with a change in the final paragraph to state “…an amount not to exceed $8,000 plus closing costs”. Leffler seconded the motion. Motion carried without opposition.
Ordinance 11B: Lowery made a motion to approve Ordinance 11B in the amount of $926,647.32. Crum seconded the motion. Motion carried without opposition.
Cody Sims, Assistant City Manager, was recognized for his graduation from the Leadership Butler Class of 2015.
Kenneth Brinkman, 308 E 6th Avenue, addressed the governing body regarding an orange clay tile sewer line installed in 1917 that has been clogged for the past five weeks. Brinkman stated he would like the city to consider replacing that entire line. Magruder stated Brinkman has had this conversation with staff going back 30 years and that we need to get definitive answers for Mr. Brinkman regarding ownership and responsibility of the sewer line. He suggested that Brinkman and the other two property owners meet with staff and discuss the issue and bring it back to the council as a discussion/direction agenda item. Shaw agreed the conversation goes back a while and stated that everything staff has located indicates it is a private line but that staff is looking to see if we can find a plat that would show if it was dedicated as a public or private line. He stated it will have to be reconstructed because of the condition of the line, but could result in special assessments if it is determined it is privately owned.
Reavis made a motion that the City assume responsibility for the line and designate it as public infrastructure. Motion died from lack of a second.
Lowery made a motion to draft an agreement that would not hold the City liable for the line as we pay for it to be cleaned out. Leffler seconded the motion. Magruder stated he would feel more comfortable with Brinkman paying for it and City reimbursing him if it is determined to be a public line. Lowery made a motion to amend the original amendment to state that the City will reimburse Brinkman for the cleaning of the line if it is determined to be a public line. Leffler seconded. Motion to amend carried with Londagin voting in opposition. Amended motion carries with Reavis voting in opposition.
Geographic Information Systems (GIS) Mapping Presentation from Midland GIS: The Council received a presentation from City staff and Midland GIS regarding mapping software proposal for city utilities and discussed process for selecting a firm to assist the City with GIS mapping. Public Works Director Jaime Goering introduced Erin Allen with Midland GIS to conduct the presentation. Council directed staff to move forward with negotiating with Midland GIS.
Conduct a Public Hearing Regarding the Issuance of Industrial Revenue Bonds (IRBs) for Homestead Affordable Housing: A public hearing was conducted regarding the proposed issuance by the City of its multifamily housing revenue bonds in the maximum principal amount of not to exceed $2,000,000, for the purpose of making a loan to Homestead Senior Residences Augusta, LLC, to finance a portion of the costs of the acquisition and rehabilitation of a 48-unit apartment project known as Brookside Senior Residences. The public hearing was closed after no one coming forward with comments.
Tom Bishop with Homestead Senior Residences Augusta, LLC addressed the governing body.
Magruder made a motion authorize the Mayor to execute the Certificate of Approval authorizing financing a portion of the costs of the acquisition and rehabilitation of a 48-unit apartment project known as Brookside Senior Residences, located at 711 Smiles Avenue in the City of Augusta, Butler County, Kansas. Londagin seconded the motion. Motion carried without opposition.
At 8:34 p.m. Lowery made a motion to go into executive session for 25 minutes under the attorney-client privilege exception to the Kansas Open Meetings Act for discussion of matters deemed privileged in the attorney-client relationship. Londagin asked that City Manager Josh Shaw, Assistant City Manager Cody Sims, and City Attorney Austin Parker join the Council in the executive session. The governing body will reconvene in the Council Chambers at 8:59 p.m. Leffler seconded the motion. Motion carried without opposition.
At 8:59 p.m. Lowery made a motion to exit executive session with no action being taken. Rawlings seconded the motion. Motion carried without opposition.
Agreement Between the City of Augusta and Pray Aviation, Inc. for the Sale of Identified Improvements and a Long-Term Ground Lease at the Midfield Complex at Augusta Municipal Airport: Matt Pray addressed the governing body regarding his plans for the property and his business model. Magruder made a motion to approve a land lease agreement between the City of Augusta and Pray Aviation, Inc., and authorizing staff to proceed with the sale of identified improvements at the Midfield Complex and establishing a long-term ground lease for the ground located under the improvements for an initial term of 30 years and authorize staff to terminate the temporary lease at closing. Leffler seconded the motion. Motion carried without opposition.
Alignment of Kansas Power Pool Power Purchase Contracts with Member Cities: Council directed staff to vote in support for a Resolution calling upon all governing bodies to take certain actions pertaining to their contracts for power purchase with KPP.
2017 Utility Abatements: Leffler made a motion to authorize award of utility abatements for the 2017 calendar year to Augusta Arts Council (Theatre) in the amount of $9,000, Augusta Arts Council (Gallery) in the amount of $1,000, Augusta Chamber of Commerce in the amount of $2,200, Augusta Community Caring Center in the amount of $3,400, Augusta Historical Society in the amount of $6,500, Augusta Public Library in the amount of $24,000, Augusta Senior Center in the amount of $5,000, Kansas Museum of Military History in the amount of $3,000, Mid-Kansas CAP in the amount of $8,000, Twisted Oz Motorcycle Museum in the amount of $15,000, and to provide free utility service to Augusta Youth Soccer and Augusta Girls Softball. Lowery seconded the motion. Motion carried with Rawlings voting in opposition.
2016 Utility Write Offs and Collections: Reavis made a motion to approve the write off of 21 utility accounts in the amount of $6,223.93. Leffler seconded the motion. Motion carried without opposition.
Settlement Agreement with Demeon Brown: Rawlings made a motion to approve a Settlement Agreement with Demeon Brown in the amount of $2,256, equivalent to one year’s hangar rent, and releasing the City from future claims. Lowery seconded the motion. Motion carried without opposition.
Matters From/For Council and Informational Memorandum:
Sims stated that staff is working on planning a joint meeting with Park Advisory Board and City Council on December 12th to discuss the design for the complex at Garvin Park and aspects of the project that need to be discussed as a group to see how to move forward. Consensus of the governing body was for December 12th at 6 p.m. Lowery made a motion to schedule a joint meeting with Park Advisory Board and the City Council to discuss the design for the complex at Garvin Park and aspects of the project. Londagin seconded the motion. Motion carried without opposition.
Leffler: Leffler asked if the fishing docks are completed. Sims stated they are but that the contractor is working on the concrete extensions. Leffler asked if they could be used now. Sims stated staff would like to wait until concrete is done.
Leffler asked if the Washington Lane street repairs are starting this week. Goering stated that she anticipates that work will begin sometime this week, but with the weather she isn’t certain. Londagin asked if residents will be given notice for parking. Goering stated they would receive 48 hours notice.
Belt: Belt stated that some of the lights are out on the display at 7th Avenue and Osage. Londagin stated he saw staff working on it today.
Rawlings: Rawlings stated he has received requests from 2-3 citizens for a street light at the corner of Lulu and 6th Avenue, but Rawlings stated he believes that intersection is in the County. Shaw stated he would consult with the Electric Department to see what could be done in a different location in the area as the intersection is outside of the City limits.
Londagin: Londagin stated he was contacted by a citizen who said they travel the intersection of 7th Avenue and Lulu at 4 a.m. in the morning when no one is there, and they have to wait up to a minute sometimes due to the crosswalk and they didn’t used to have to wait. Webster stated he would check on it.
Adjourn: At 9:52 p.m. Londagin made a motion to adjourn. Lowery seconded the motion. Motion carried without opposition.